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
1. FIRST, it is in general _hereditary_, or descendible to the next
heir, on the death or demise of the last proprietor. All regal
governments must be either hereditary or elective: and, as I believe
there is no instance wherein the crown of England has ever been
asserted to be elective, except by the regicides at the infamous and
unparalleled trial of king Charles I, it must of consequence be
hereditary. Yet while I assert an hereditary, I by no means intend a
_jure divino_, title to the throne. Such a title may be allowed to
have subsisted under the theocratic establishments of the children of
Israel in Palestine: but it never yet subsisted in any other country;
save only so far as kingdoms, like other human fabrics, are subject to
the general and ordinary dispensations of providence. Nor indeed have
a _jure divino_ and an _hereditary_ right any necessary connexion with
each other; as some have very weakly imagined. The titles of David and
Jehu were equally _jure divino_, as those of either Solomon or Ahab;
and yet David slew the sons of his predecessor, and Jehu his
predecessor himself. And when our kings have the same warrant as they
had, whether it be to sit upon the throne of their fathers, or to
destroy the house of the preceding sovereign, they will then, and not
before, possess the crown of England by a right like theirs,
_immediately_ derived from heaven. The hereditary right, which the
laws of England acknowlege, owes it's origin to the founders of our
constitution, and to them only. It has no relation to, nor depends
upon, the civil laws of the Jews, the Greeks, the Romans, or any other
nation upon earth: the municipal laws of one society having no
connexion with, or influence upon, the fundamental polity of another.
The founders of our English monarchy might perhaps, if they had
thought proper, have made it an elective monarchy: but they rather
chose, and upon good reason, to establish originally a succession by
inheritance. This has been acquiesced in by general consent; and
ripened by degrees into common law: the very same title that every
private man has to his own estate. Lands are not naturally descendible
any more than thrones: but the law has thought proper, for the benefit
and peace of the public, to establish hereditary succession in one as
well as the other.
Public-domain text, read in full here on John Shaqi.
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