PREROGATIVE

(Lat. pr^erogativa, applied in ancient Rome to that tribe, or century, which had the privilege of giving its votes (rogare suffragia) first at the comitia.) A word in English law, signifying the king's special rights, both as chief of the kingdom in point of honour, and as supreme magistrate intrusted with the execution of the laws. Prerogatives are said to be of two kinds, direct and incidental: the first, such as belong to the king e entially by virtue of his high political character; such as the inviolability of his person, the appointment to offices and places of trust, the command of the army, the power of making war and peace, the supremacy of the national church, his legislative authority, .; and the latter, such exceptions as are made in his favour from the ordinary rules of law in private matters. Such are, with respect to debts, the power to levy first execution before other creditors, and of levying by the prerogative writ of extent; the power of taking goods and chattels in succe ion, which no other corporation can do; exemption from all customs general and special as to descent of lands, in a case where any such custom would have the effect of preventing lands held jure coronae from pa ing to the succe or; the abstract dominion of all lands and hereditaments by the fiction of [s. 983]