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 king, moreover, is not only incapable of _doing_ wrong, but even
of _thinking_ wrong: he can never mean to do an improper thing: in him
is no folly or weakness. And therefore, if the crown should be induced
to grant any franchise or privilege to a subject contrary to reason,
or in any wise prejudicial to the commonwealth, or a private person,
the law will not suppose the king to have meant either an unwise or an
injurious action, but declares that the king was deceived in his
grant; and thereupon such grant is rendered void, merely upon the
foundation of fraud and deception, either by or upon those agents,
whom the crown has thought proper to employ. For the law will not cast
an imputation on that magistrate whom it entrusts with the executive
power, as if he was capable of intentionally disregarding his trust:
but attributes to mere imposition (to which the most perfect of
sublunary beings must still continue liable) those little
inadvertencies, which, if charged on the will of the prince, might
lessen him in the eyes of his subjects.
YET still, notwithstanding this personal perfection, which the law
attributes to the sovereign, the constitution has allowed a latitude
of supposing the contrary, in respect to both houses of parliament;
each of which, in it's turn, hath exerted the right of remonstrating
and complaining to the king even of those acts of royalty, which are
most properly and personally his own; such as messages signed by
himself, and speeches delivered from the throne. And yet, such is the
reverence which is paid to the royal person, that though the two
houses have an undoubted right to consider these acts of state in any
light whatever, and accordingly treat them in their addresses as
personally proceeding from the prince, yet, among themselves, (to
preserve the more perfect decency, and for the greater freedom of
debate) they usually suppose them to flow from the advice of the
administration. But the privilege of canvassing thus freely the
personal acts of the sovereign (either directly, or even through the
medium of his reputed advisers) belongs to no individual, but is
confined to those august assemblies: and there too the objections must
be proposed with the utmost respect and deference. One member was sent
to the tower[s], for suggesting that his majesty's answer to the
address of the commons contained "high words, to fright the members
out of their duty;" and another[t], for saying that a part of the
king's speech "seemed rather to be calculated for the meridian of
Germany than Great Britain."
[Footnote s: Com. Journ. 18 Nov. 1685.]
[Footnote t: Com. Journ. 4 Dec. 1717.]
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