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
diversity, between royal and common descents, will be better
understood hereafter, when we examine the nature of inheritances in
general.
[Footnote a: _in vit. Agricolae._]
3. THE doctrine of _hereditary_ right does by no means imply an
_indefeasible_ right to the throne. No man will, I think, assert this,
that has considered our laws, constitution, and history, without
prejudice, and with any degree of attention. It is unquestionably in
the breast of the supreme legislative authority of this kingdom, the
king and both houses of parliament, to defeat this hereditary right;
and, by particular entails, limitations, and provisions, to exclude
the immediate heir, and vest the inheritance in any one else. This is
strictly consonant to our laws and constitution; as may be gathered
from the expression so frequently used in our statute book, of "the
king's majesty, his heirs, and successors." In which we may observe,
that as the word, "heirs," necessarily implies an inheritance or
hereditary right, generally subsisting in the royal person; so the
word, "successors," distinctly taken, must imply that this inheritance
may sometimes be broke through; or, that there may be a successor,
without being the heir, of the king. And this is so extremely
reasonable, that without such a power, lodged somewhere, our polity
would be very defective. For, let us barely suppose so melancholy a
case, as that the heir apparent should be a lunatic, an ideot, or
otherwise incapable of reigning: how miserable would the condition of
the nation be, if he were also incapable of being set aside!--It is
therefore necessary that this power should be lodged somewhere: and
yet the inheritance, and regal dignity, would be very precarious
indeed, if this power were _expressly_ and _avowedly_ lodged in the
hands of the subject only, to be exerted whenever prejudice, caprice,
or discontent should happen to take the lead. Consequently it can no
where be so properly lodged as in the two houses of parliament, by and
with the consent of the reigning king; who, it is not to be supposed,
will agree to any thing improperly prejudicial to the rights of his
own descendants. And therefore in the king, lords, and commons, in
parliament assembled, our laws have expressly lodged it.
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