ABSTRACT
Historically, much of the commerce and trade of the country was under the prerogative of the Crown: according to Sir William Blackstone, the King ‘is the arbiter of commerce’ (Commentaries). But, if such a prerogative ever existed in relation to foreign trade, it was effectively abolished by various statutes and, today, no commentator on the prerogative includes trade and commerce as being within its ambit. The King’s duty as to the protection of the realm encompassed the powers to restrict imports of the raw materials of war, and the right to erect ports and havens. As Chitty observed, in 1820:
As a corollary, the King had the prerogative power of erecting beacons and lighthouses. Under statute, Elizabeth I vested power to erect beacons and lighthouses for the protection of seafarers in Trinity House at Deptford, but the Act did not affect the King’s prerogative powers over beacons and lighthouses on the shores of non-coastal waters.
