on recovers it's former liberty, it will owe it
to the efforts of those assemblies. In Turkey, where every thing is
centered in the sultan or his ministers, despotic power is in it's
meridian, and wears a more dreadful aspect.
A CONSEQUENCE of this prerogative is the legal _ubiquity_ of the king.
His majesty, in the eye of the law, is always present in all his
courts, though he cannot personally distribute justice[d]. His judges
are the mirror by which the king's image is reflected. It is the regal
office, and not the royal person, that is always present in court,
always ready to undertake prosecutions, or pronounce judgment, for the
benefit and protection of the subject. And from this ubiquity it
follows, that the king can never be nonsuit[e]; for a nonsuit is the
desertion of the suit or action by the non-appearance of the plaintiff
in court. For the same reason also, in the forms of legal proceedings,
the king is not said to appear _by his attorney_, as other men do; for
he always appears in contemplation of law in his own proper person[f].
[Footnote d: Fortesc. c. 8. 2 Inst. 186.]
[Footnote e: Co. Litt. 139.]
[Footnote f: Finch. L. 81.]
FROM the same original, of the king's being the fountain of justice,
we may also deduce the prerogative of issuing proclamations, which is
vested in the king alone. These proclamations have then a binding
force, when (as Sir Edward Coke observes[g]) they are grounded upon
and enforce the laws of the realm. For, though the making of laws is
entirely the work of a distinct part, the legislative branch, of the
sovereign power, yet the manner, time, and circumstances of putting
those laws in execution must frequently be left to the discretion of
the executive magistrate. And therefore his constitutions or edicts,
concerning these points, which we call proclamations, are binding upon
the subject, where they do not either contradict the old laws, or tend
to establish new ones; but only enforce the execution of such laws as
are already in being, in such manner as the king shall judge
necessary. Thus the established law is, that the king may prohibit any
of his subjects from leaving the realm: a proclamation therefore
forbidding this in general for three weeks, by laying an embargo upon
all shipping in time of war[h], will be equally binding as an act of
parliament, because founded upon a prior law. A proclamation for
disarming papists is also binding, being only in execution of wh
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