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
4. BUT, fourthly; however the crown maybe limited or transferred, it
still retains it's descendible quality, and becomes hereditary in the
wearer of it: and hence in our law the king is said never to die, in
his political capacity; though, in common with other men, he is
subject to mortality in his natural: because immediately upon the
natural death of Henry, William, or Edward, the king survives in his
successor; and the right of the crown vests, _eo instanti_, upon his
heir; either the _haeres natus_, if the course of descent remains
unimpeached, or the _haeres factus_, if the inheritance be under any
particular settlement. So that there can be no _interregnum_; but as
sir Matthew Hale[b] observes, the right of sovereignty is fully
invested in the successor by the very descent of the crown. And
therefore, however acquired, it becomes in him absolutely hereditary,
unless by the rules of the limitation it is otherwise ordered and
determined. In the same manner as landed estates, to continue our
former comparison, are by the law hereditary, or descendible to the
heirs of the owner; but still there exists a power, by which the
property of those lands may be transferred to another person. If this
transfer be made simply and absolutely, the lands will be hereditary
in the new owner, and descend to his heirs at law: but if the transfer
be clogged with any limitations, conditions, or entails, the lands
must descend in that chanel, so limited and prescribed, and no other.
[Footnote b: 1 Hist. P.C. 61.]
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