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
AND in this due medium consists, I apprehend, the true constitutional
notion of the right of succession to the imperial crown of these
kingdoms. The extremes, between which it steers, are each of them
equally destructive of those ends for which societies were formed and
are kept on foot. Where the magistrate, upon every succession, is
elected by the people, and may by the express provision of the laws be
deposed (if not punished) by his subjects, this may sound like the
perfection of liberty, and look well enough when delineated on paper;
but in practice will be ever productive of tumult, contention, and
anarchy. And, on the other hand, divine indefeasible hereditary right,
when coupled with the doctrine of unlimited passive obedience, is
surely of all constitutions the most thoroughly slavish and dreadful.
But when such an hereditary right, as our laws have created and vested
in the royal stock, is closely interwoven with those liberties, which,
we have seen in a former chapter, are equally the inheritance of the
subject; this union will form a constitution, in theory the most
beautiful of any, in practice the most approved, and, I trust, in
duration the most permanent. It was the duty of an expounder of our
laws to lay this constitution before the student in it's true and
genuine light: it is the duty of every good Englishman to understand,
to revere, to defend it.
CHAPTER THE FOURTH.
OF THE KING'S ROYAL FAMILY.
THE first and most considerable branch of the king's royal family,
regarded by the laws of England, is the queen.
THE queen of England is either queen _regent_, queen _consort_, or
queen _dowager_. The queen _regent_, _regnant_, or _sovereign_, is she
who holds the crown in her own right; as the first (and perhaps the
second) queen Mary, queen Elizabeth, and queen Anne; and such a one
has the same powers, prerogatives, rights, dignities, and duties, as
if she had been a king. This was observed in the entrance of the last
chapter, and is expressly declared by statute 1 Mar. I. st. 3. c. 1.
But the queen _consort_ is the wife of the reigning king; and she by
virtue of her marriage is participant of divers prerogatives above
other women[a].
[Footnote a: Finch. L. 86.]
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