Page:A short English constitutional history for law students (IA shortenglishcons00hamm).pdf/35

many regulations were thus issued during the Great War. iii. Exercising the royal prerogative (of course where it is legal to do so), ¢.g. summoning and dissolving Parliament. The claim of the Crown to interfere with the operation of existing law by virtue of its dispensing and suspending powers. 1. The Dispeusing Power. This power was claimed by the Crown (and formally without doubt it certainly had a legal tight to its use), whereby the effects of an existing law might be dispensed with in the case of an individual] or class of individuals. a. It was a very necessary power in former times when Parliament met rarely, and thus enabled the Crown to grant a speedy remedy against the inconvenience of existing laws. b. Unfortunately, however, the Kings soon began to abuse the use of the power. + i. In the 7th century the Commons protested against its exercise. But in spite of opposition the Crown continued to exercise it in reference to matters of Trade and Religion. Thomas v. Sorrell * Godden v. fales.* ii. The Bill of Rights, 1689, declared that “the pretended power of dispensing with the Jaw as hath-been assumed and exercised of late is illegal.” ote that a dispensation granted by the Crown before 1689 is, however, still in force and valid at the present day. Case of the Fellows of Eton College.* White discussing the dispensing power one should note that often the Tudor aud Siuavt Monarchs used to grant “monopolies” for the exclusive manulac- ture of certain goods, or for the buying and selling of certain commodities. This, however, was uot legal at common law except in the case of some new article when granted to the inventor thereof.