chase lands without licence from the crown, though that capacity seems to be vested in them by the common law. But corporations in general are favoured with this privilege, to a limited extent, in the charter or statute of their foundation; and as they are a creature of the state, it may be useful, in order to obviate any doubt of the validity of such a power, notwithstanding the statutes of mortmain, to take a succinct view of this part of the royal prerogative; by which it will appear to have been exercised sometimes under a presumption of an absolute right in the crown, at other times limited, and even prohibited by parliament; again, authoritatively exercised by the crown, and at last resumed by the legislature, and granted to the crown to be exercised according to its sound discretion. B. 2 c. 37 K:ilway, 184, Here it may well be considered, that, wherever an 2 Haw. P. C. act of parliament gives a particular interest or rights. 29. s. 30. of action to the party grieved, by the breach of it, 11 Co. 08. as the statutes of mortmain, which give an entry to the next immediate lord for an alienation to a corporate body, it seems to have been always agreed, that no charter by the king could be of any force to bar the right of the party grounded upon such statute; because it was a settled rule, that the king cannot prejudice the party's interest. And yet the claim, as well as the exercise of a dispensing power, are allowed to be very ancient in England; and though they seem at first to have been copied from papal usurpations, they may plainly be traced up as high as the reign of Henry III. The practice had so much prevailed, that the parliament more than once. acknowledged this prerogative, particularly during the reign of Henry V. when they enacted laws against aliens, and also when they passed the statute of provisors. 8 Hume, 243, Rot. par. 1 H. 5. n. 15. Rot. par. 1 P.5. n. 22. Rot. par. But it is remarkable, that in the reign of Richard II. the parliament granted to the king a temporary power R. 2. n. 1. only mise from the throne, relative " to the removal of some officers from the army who had been suffered to remain, being unqualified by the act of Charles II. against popish ecusants; and that their continuance was dispensing with that law without any act of parliament, the conseuences of which were of the greatest concern to the ghts of his subjects, and to all the laws made for the security of their religion." The king received this address very ungraciously, and xpressed himself with great warmth and vehemence ; he Commons were so daunted with his reply, that they at in silence for some time, until Coke, the burgess for Derby, said, “I hope we are all Englishmen, and not to be frightened with a few hard words 3" for which he was committed to the Tower. 15 Rapin, 62: 1 W. & M. Here the matter rested 8 Hume, 240. during the reign of James II. but as soon as William III. had accepted the crown, this dispensing power was made one of the stipulations for the recovery of public right. It was expressly declared by the bill of rights, that no dispensation by non obstante of or to any statute, or any part thereof, shall be allowed, but shall be held void 1689. and of no effect, except it be allowed of in such statute. This abolition of the power hitherto exercised as undoubted prerogative came in a few years afterwards to be considered in a serious light by the clergy, as tending to be a great hindrance to learning and other good and charitable works, if persons well inclined might not be permitted to found colleges, or schools, or to augment the revenues of those already founded, by granting lands to them or to other corporations then existing, or to be afterwards incorporated for other good and public uses; 宁 1696: an act for the encouragement of charitable gifts was and s W. 6. therefore passed, revesting in the crown this prerogative, e. 37. by a full discretionary power to grant licenses to aliene in mortmain, and also to purchase, acquire, take and 23 H. 6. c. 7. 1 Lutw. 193. 2 Haw. P. C. B. 2. c. 37. Co. Litt. 99. only of dispensing with the statute of provisors, which was a plain implication that he had not in himself such a prerogative; and in the reign of Henry VI. the crown was, by an express clause in the act for limiting the service of sheriffs to one year, prohibited from granting any dispensation. The judges, however, in the reign of Henry VII. and again in that of James I. ventured to flatter their respective masters with a determination that he had this absolute power. The distinction made by Sir Edward Coke was, that no statute can bind the king from any prerogative, which is sole and inseparable to his person, but he may dispense with it by a non obstante; as a sovereign power to command any of his subjects to serve him for the public weal, &c. ; but in things which are not incident to his person, and belong to every subject, and may be severed, there an act of parliament may absolutely bind the king, as an act to disable every subject to take land of his grant or any of his subjects as bishops, as by 1 James I. c.,3. to grant to the king; this is good: for to grant or take lands is common to every subject, &c. The crown had been accustomed to dispense with the ancient statutes of mortmain without any clause of non obstante; for thereby he only relinquished that right of entry which those statutes gave him for the forfeiture, which every mesne lord might also do, as well so far as he had a right by those statutes. But the dangerous height to which the dispensing power was carried, and particularly by the last prince (James II.) in whose reign it was abolished, impelled the Commons to Hume, 240, examine the subject with minute attention in 1685: and as one instance of it was most pressing, they fixed on that for the subject of an address, which they conceived in very respectful terms, reminding the king of his pro mise from the throne, relative" to the removal of some officers from the army who had been suffered to remain, being unqualified by the act of Charles II. against popish recusants; and that their continuance was dispensing with that law without any act of parliament, the consequences of which were of the greatest concern to the rights of his subjects, and to all the laws made for the security of their religion." The king received this address very ungraciously, and expressed himself with great warmth and vehemence ; the Commons were so daunted with his reply, that they sat in silence for some time, until Coke, the burgess for Derby, said, “ I hope we are all Englishmen, and not to be frightened with a few hard words;" for which he 15 Rapin, 62: was committed to the Tower. Here the matter rested 8 Hume, 240. during the reign of James II. but as soon as William III. had accepted the crown, this dispensing power was made one of the stipulations for the recovery of public right. It was expressly declared by the bill of rights, that no dispensation by non obstante of or to any statute, or 1 W. & M. any part thereof, shall be allowed, but shall be held void 1689. and of no effect, except it be allowed of in such statute. Ss. 2. c. 2. s. 12. doubted prerogative came in a few years afterwards to be 1696: considered in a serious light by the clergy, as tending to be a great hindrance to learning and other good and charitable works, if persons well inclined might not be permitted to found colleges, or schools, or to augment the revenues of those already founded, by granting lands to them or to other corporations then existing, or to be afterwards incorporated for other good and public uses; an act for the encouragement of charitable gifts was 4 and 9 W. 6. therefore passed, revesting in the crown this prerogative, c. 37. by a full discretionary power to grant licenses to aliene in mortmain, and also to purchase, acquire, take and |