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
IN farther pursuance of this principle, the law also determines that
in the king can be no negligence, or _laches_, and therefore no delay
will bar his right. _Nullum tempus occurrit regi_ is the standing
maxim upon all occasions: for the law intends that the king is always
busied for the public good, and therefore has not leisure to assert
his right within the times limited to subjects[u]. In the king also
can be no stain or corruption of blood: for if the heir to the crown
were attainted of treason or felony, and afterwards the crown should
descend to him, this would purge the attainder _ipso facto_[w]. And
therefore when Henry VII, who as earl of Richmond stood attainted,
came to the crown, it was not thought necessary to pass an act of
parliament to reverse this attainder; because, as lord Bacon in his
history of that prince informs us, it was agreed that the assumption
of the crown had at once purged all attainders. Neither can the king
in judgment of law, as king, ever be a minor or under age; and
therefore his royal grants and assents to acts of parliament are good,
though he has not in his natural capacity attained the legal age of
twenty one[x]. By a statute indeed, 28 Hen. VIII. c. 17. power was
given to future kings to rescind and revoke all acts of parliament
that should be made while they were under the age of twenty four: but
this was repealed by the statute 1 Edw. VI. c. 11. so far as related
to that prince; and both statutes are declared to be determined by 24
Geo. II. c. 24. It hath also been usually thought prudent, when the
heir apparent has been very young, to appoint a protector, guardian,
or regent, for a limited time: but the very necessity of such
extraordinary provision is sufficient to demonstrate the truth of that
maxim of the common law, that in the king is no minority; and
therefore he hath no legal guardian[y].
[Footnote u: Finch. L. 82. Co. Litt. 90 _b._]
[Footnote w: Finch. L. 82.]
[Footnote x: Co. Litt. 43.]
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