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
[Footnote y: The methods of appointing this guardian or regent have
been so various, and the duration of his power so uncertain, that from
thence alone it may be collected that his office is unknown to the
common law; and therefore (as sir Edward Coke says, 4 Inst. 58.) the
surest way is to have him made by authority of the great council in
parliament. The earl of Pembroke by his own authority assumed, in very
troublesome times, the regency of Henry III, who was then only nine
years old; but was declared of full age by the pope at seventeen,
confirmed the great charter at eighteen, and took upon him the
administration of the government at twenty. A guardian and council of
regency were named for Edward III, by the parliament which deposed his
father; the young king being then fifteen, and not assuming the
government till three years after. When Richard II succeeded at the
age of eleven, the duke of Lancaster took upon him the management of
the kingdom, till the parliament met, which appointed a nominal
council to assist him. Henry V on his death-bed named a regent and a
guardian for his infant son Henry VI, then nine months old: but the
parliament altered his disposition, and appointed a protector and
council, with a special limited authority. Both these princes remained
in a state of pupillage till the age of twenty three. Edward V, at the
age of thirteen, was recommended by his father to the care of the duke
of Glocester; who was declared protector by the privy council. The
statutes 25 Hen. VIII. c. 12. and 28 Hen. VIII. c. 7. provided, that
the successor, if a male and under eighteen, or if a female and under
sixteen, should be till such age in the governance of his or her
natural mother, (if approved by the king) and such other counsellors
as his majesty should by will or otherwise appoint: and he accordingly
appointed his sixteen executors to have the government of his son,
Edward VI, and the kingdom; which executors elected the earl of
Hertford protector. The statute 24 Geo. II. c. 24. in case the crown
should descend to any of the children of Frederick late prince of
Wales under the age of eighteen, appoints the princess dowager;--and
that of 5 Geo. III. c. 27. in case of a like descent to any of his
present majesty's children, empowers the king to name either the
queen, the princess dowager, or any descendant of king George II
residing in this kingdom;--to be guardian and regent, till the
successor attains such age, assisted by a council of regency: the
powers of them all being expressly defined and set down in the several
acts.]
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