Abolishing Some More Obsolete Crown Prerogatives: Part 2

The Crown had many prerogatives (privileges) which other legal and natural persons did not have, due to the pre-eminent role of the sovereign. Some of these the Crown franchised to its subjects for money. In modern times the continued retention of these prerogatives needs to be considered. Also, whether any of these worth retaining should pass to the control of Parliament. Previous articles have looked at various Crown prerogatives relating to the military, as well as those relating to: tolls for pontage and murage, waifs and estrays, swans, the counties palatine and the cinque ports. This article argues that: (a) the prerogatives to franchise markets and fairs should be abolished; (b) the judicial powers of the verderers of the New Forest and the Forest of Dean should be transferred to the magistrates and county courts; (c) the prerogative to create a ‘county corporate’—or to confer by charter the status of a borough, royal borough, royal county, royal town or city—should be abolished; (d) the prerogative to franchise ferries should be abolished without affecting any prior grants of the same (in case some still exist); and (e) the prerogative to franchise wreck, flotsam, jetsam and ligan should be abolished, as well as any prior grants of the same.