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
INDEED, it is found by experience, that whenever the unconstitutional
oppressions, even of the sovereign power, advance with gigantic
strides and threaten desolation to a state, mankind will not be
reasoned out of the feelings of humanity; nor will sacrifice their
liberty by a scrupulous adherence to those political maxims, which
were originally established to preserve it. And therefore, though the
positive laws are silent, experience will furnish us with a very
remarkable case, wherein nature and reason prevailed. When king James
the second invaded the fundamental constitution of the realm, the
convention declared an abdication, whereby the throne was rendered
vacant, which induced a new settlement of the crown. And so far as
this precedent leads, and no farther, we may now be allowed to lay
down the _law_ of redress against public oppression. If therefore any
future prince should endeavour to subvert the constitution by breaking
the original contract between king and people, should violate the
fundamental laws, and should withdraw himself out of the kingdom; we
are now authorized to declare that this conjunction of circumstances
would amount to an abdication, and the throne would be thereby vacant.
But it is not for us to say, that any one, or two, of these
ingredients would amount to such a situation; for there our precedent
would fail us. In these therefore, or other circumstances, which a
fertile imagination may furnish, since both law and history are
silent, it becomes us to be silent too; leaving to future generations,
whenever necessity and the safety of the whole shall require it, the
exertion of those inherent (though latent) powers of society, which no
climate, no time, no constitution, no contract, can ever destroy or
diminish.
II. BESIDES the attribute of sovereignty, the law also ascribes to the
king, in his political capacity, absolute _perfection_. The king can
do no wrong. Which antient and fundamental maxim is not to be
understood, as if every thing transacted by the government was of
course just and lawful, but means only two things. First, that
whatever is exceptionable in the conduct of public affairs is not to
be imputed to the king, nor is he answerable for it personally to his
people: for this doctrine would totally destroy that constitutional
independence of the crown, which is necessary for the balance of
power, in our free and active, and therefore compounded, constitution.
And, secondly, it means that the prerogative of the crown extends not
to do any injury: it is created for the benefit of the people, and
therefore cannot be exerted to their prejudice[r].
[Footnote r: Plowd. 487.]
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