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
was not incapacitated by professing the popish religion. On her
therefore, and the heirs of her body, being protestants, the remainder
of the crown, expectant on the death of king William and queen Anne
without issue, was settled by statute 12 & 13 W. III. c. 2. And at the
same time it was enacted, that whosoever should hereafter come to the
possession of the crown, should join in the communion of the church of
England as by law established.
[Footnote c: Sandford, in his genealogical history, published _A.D._
1677, speaking (page 535) of the princesses Elizabeth, Louisa, and
Sophia, daughters of the queen of Bohemia, says, the first was reputed
the most learned, the second the greatest artist, and the last one of
the most accomplished ladies in Europe.]
THIS is the last limitation of the crown that has been made by
parliament: and these several actual limitations, from the time of
Henry IV to the present, do clearly prove the power of the king and
parliament to new-model or alter the succession. And indeed it is now
again made highly penal to dispute it: for by the statute 6 Ann. c. 7.
it is enacted, that if any person maliciously, advisedly, and
directly, shall maintain by writing or printing, that the kings of
this realm with the authority of parliament are not able to make laws
to bind the crown and the descent thereof, he shall be guilty of high
treason; or if he maintains the same by only preaching, teaching, or
advised speaking, he shall incur the penalties of a praemunire.
THE princess Sophia dying before queen Anne, the inheritance thus
limited descended on her son and heir king George the first; and,
having on the death of the queen taken effect in his person, from him
it descended to his late majesty king George the second; and from him
to his grandson and heir, our present gracious sovereign, king George
the third.
HENCE it is easy to collect, that the title to the crown is at present
hereditary, though not quite so absolutely hereditary as formerly; and
the common stock or ancestor, from whom the descent must be derived,
is also different. Formerly the common stock was king Egbert; then
William the conqueror; afterwards in James the first's time the two
common stocks united, and so continued till the vacancy of the throne
in 1688: now it is the princess Sophia, in whom the inheritance was
vested by the new king and parliament. Formerly the descent was
absolute, and the crown went to the next heir without any restriction:
but now, upon the new settlement, the inheritance is conditional,
being limited to such heirs only, of the body of the princess Sophia,
as are protestant members of the church of England, and are married to
none but protestants.
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