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
2. BUT, secondly, as to the particular mode of inheritance, it in
general corresponds with the feodal path of descents, chalked out by
the common law in the succession to landed estates; yet with one or
two material exceptions. Like them, the crown will descend lineally
to the issue of the reigning monarch; as it did from king John to
Richard II, through a regular pedigree of six lineal descents. As in
them, the preference of males to females, and the right of
primogeniture among the males, are strictly adhered to. Thus Edward V
succeeded to the crown, in preference to Richard his younger brother
and Elizabeth his elder sister. Like them, on failure of the male
line, it descends to the issue female; according to the antient
British custom remarked by Tacitus[a], "_solent foeminarum ductu
bellare, et sexum in imperiis non discernere_." Thus Mary I succeeded
to Edward VI; and the line of Margaret queen of Scots, the daughter of
Henry VII, succeeded on failure of the line of Henry VIII, his son.
But, among the females, the crown descends by right of primogeniture
to the eldest daughter only and her issue; and not, as in common
inheritances, to all the daughters at once; the evident necessity of a
sole succession to the throne having occasioned the royal law of
descents to depart from the common law in this respect: and therefore
queen Mary on the death of her brother succeeded to the crown alone,
and not in partnership with her sister Elizabeth. Again: the doctrine
of representation prevails in the descent of the crown, as it does in
other inheritances; whereby the lineal descendants of any person
deceased stand in the same place as their ancestor, if living, would
have done. Thus Richard II succeeded his grandfather Edward III, in
right of his father the black prince; to the exclusion of all his
uncles, his grandfather's younger children. Lastly, on failure of
lineal descendants, the crown goes to the next collateral relations of
the late king; provided they are lineally descended from the blood
royal, that is, from that royal stock which originally acquired the
crown. Thus Henry I succeeded to William II, John to Richard I, and
James I to Elizabeth; being all derived from the conqueror, who was
then the only regal stock. But herein there is no objection (as in the
case of common descents) to the succession of a brother, an uncle, or
other collateral relation, of the _half_ blood; that is, where the
relationship proceeds not from the same _couple_ of ancestors (which
constitutes a kinsman of the _whole_ blood) but from a _single_
ancestor only; as when two persons are derived from the same father,
and not from the same mother, or _vice versa_: provided only, that the
one ancestor, from whom both are descended, be he from whose veins the
blood royal is communicated to each. Thus Mary I inherited to Edward
VI, and Elizabeth inherited to Mary; all born of the same father, king
Henry VIII, but all by different mothers. The reason of which
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account