Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
THE executive power of the English nation being vested in a single
person, by the general consent of the people, the evidence of which
general consent is long and immemorial usage, it became necessary to
the freedom and peace of the state, that a rule should be laid down,
uniform, universal, and permanent; in order to mark out with
precision, _who_ is that single person, to whom are committed (in
subservience to the law of the land) the care and protection of the
community; and to whom, in return, the duty and allegiance of every
individual are due. It is of the highest importance to the public
tranquillity, and to the consciences of private men, that this rule
should be clear and indisputable: and our constitution has not left us
in the dark upon this material occasion. It will therefore be the
endeavour of this chapter to trace out the constitutional doctrine of
the royal succession, with that freedom and regard to truth, yet mixed
with that reverence and respect, which the principles of liberty and
the dignity of the subject require.
THE grand fundamental maxim upon which the _jus coronae_, or right of
succession to the throne of these kingdoms, depends, I take to be
this: "that the crown is, by common law and constitutional custom,
hereditary; and this in a manner peculiar to itself: but that the
right of inheritance may from time to time be changed or limited by
act of parliament; under which limitations the crown still continues
hereditary." And this proposition it will be the business of this
chapter to prove, in all it's branches: first, that the crown is
hereditary; secondly, that it is hereditary in a manner peculiar to
itself; thirdly, that this inheritance is subject to limitation by
parliament; lastly, that when it is so limited, it is hereditary in
the new proprietor.
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