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
III. A THIRD attribute of the king's majesty is his _perpetuity_. The
law ascribes to him, in his political capacity, an absolute
immortality. The king never dies. Henry, Edward, or George may die;
but the king survives them all. For immediately upon the decease of
the reigning prince in his natural capacity, his kingship or imperial
dignity, by act of law, without any _interregnum_ or interval, is
vested at once in his heir; who is, _eo instanti_, king to all intents
and purposes. And so tender is the law of supposing even a possibility
of his death, that his natural dissolution is generally called his
_demise_; _dimissio regis, vel coronae_: an expression which signifies
merely a transfer of property; for, as is observed in Plowden[z], when
we say the demise of the crown, we mean only that in consequence of
the disunion of the king's body natural from his body politic, the
kingdom is transferred or demised to his successor; and so the royal
dignity remains perpetual. Thus too, when Edward the fourth, in the
tenth year of his reign, was driven from his throne for a few months
by the house of Lancaster, this temporary transfer of his dignity was
denominated his _demise_; and all process was held to be discontinued,
as upon a natural death of the king[a].
[Footnote z: Plowd. 177. 234.]
[Footnote a: M. 49 Hen. VI. pl. 1-8.]
WE are next to consider those branches of the royal prerogative, which
invest this our sovereign lord, thus all-perfect and immortal in his
kingly capacity, with a number of authorities and powers; in the
exertion whereof consists the executive part of government. This is
wisely placed in a single hand by the British constitution, for the
sake of unanimity, strength and dispatch. Were it placed in many
hands, it would be subject to many wills: many wills, if disunited and
drawing different ways, create weakness in a government: and to unite
those several wills, and reduce them to one, is a work of more time
and delay than the exigencies of state will afford. The king of
England is therefore not only the chief, but properly the sole,
magistrate of the nation; all others acting by commission from, and in
due subordination to him: in like manner as, upon the great revolution
in the Roman state, all the powers of the antient magistracy of the
commonwealth were concentred in the new emperor; so that, as
Gravina[b] expresses it, "_in ejus unius persona veteris reipublicae
vis atque majestas per cumulatas magistratuum potestates
exprimebatur_."
[Footnote b: _Orig._ 1. Sec. 105.]
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