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
the sentence of a court would be contemptible, unless that court had
power to command the execution of it: but who, says Finch[n], shall
command the king? Hence it is likewise, that by law the person of the
king is sacred, even though the measures pursued in his reign be
completely tyrannical and arbitrary: for no jurisdiction upon earth
has power to try him in a criminal way; much less to condemn him to
punishment. If any foreign jurisdiction had this power, as was
formerly claimed by the pope, the independence of the kingdom would be
no more: and, if such a power were vested in any domestic tribunal,
there would soon be an end of the constitution, by destroying the free
agency of one of the constituent parts of the sovereign legislative
power.
[Footnote l: _l._ 1. _c._ 8.]
[Footnote m: Seld. tit. of hon. 1. 2.]
[Footnote n: Finch. L. 83.]
ARE then, it may be asked, the subjects of England totally destitute
of remedy, in case the crown should invade their rights, either by
private injuries, or public oppressions? To this we may answer, that
the law has provided a remedy in both cases.
AND, first, as to private injuries; if any person has, in point of
property, a just demand upon the king, he must petition him in his
court of chancery, where his chancellor will administer right as a
matter of grace, though not upon compulsion[o]. And this is entirely
consonant to what is laid down by the writers on natural law. "A
subject, says Puffendorf[p], so long as he continues a subject, hath
no way to _oblige_ his prince to give him his due, when he refuses it;
though no wise prince will ever refuse to stand to a lawful contract.
And, if the prince gives the subject leave to enter an action against
him, upon such contract, in his own courts, the action itself proceeds
rather upon natural equity, than upon the municipal laws." For the end
of such action is not to _compel_ the prince to observe the contract,
but to _persuade_ him. And, as to personal wrongs; it is well observed
by Mr Locke[q], "the harm which the sovereign can do in his own person
not being likely to happen often, nor to extend itself far; nor being
able by his single strength to subvert the laws, nor oppress the body
of the people, (should any prince have so much weakness and ill nature
as to endeavour to do it)--the inconveniency therefore of some
particular mischiefs, that may happen sometimes, when a heady prince
comes to the throne, are well recompensed by the peace of the public
and security of the government, in the person of the chief magistrate
being thus set out of the reach of danger."
[Footnote o: Finch. L. 255.]
[Footnote p: Law of N. and N. l. 8. c. 10.]
[Footnote q: on Gov. p. 2. Sec. 205.]
Public-domain text, read in full here on John Shaqi.
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