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
FROM this prerogative also of being the head of the church arises the
king's right of nomination to vacant bishopricks, and certain other
ecclesiastical preferments; which will better be considered when we
come to treat of the clergy. I shall only here observe, that this is
now done in consequence of the statute 25 Hen. VIII. c. 20.
AS head of the church, the king is likewise the _dernier resort_ in
all ecclesiastical causes; an appeal lying ultimately to him in
chancery from the sentence of every ecclesiastical judge: which right
was restored to the crown by statute 25 Hen. VIII. c. 19. as will more
fully be shewn hereafter.
CHAPTER THE EIGHTH.
OF THE KING'S REVENUE.
HAVING, in the preceding chapter, considered at large those branches
of the king's prerogative, which contribute to his royal dignity, and
constitute the executive power of the government, we proceed now to
examine the king's _fiscal_ prerogatives, or such as regard his
_revenue_; which the British constitution hath vested in the royal
person, in order to support his dignity and maintain his power: being
a portion which each subject contributes of his property, in order to
secure the remainder.
THIS revenue is either ordinary, or extraordinary. The king's ordinary
revenue is such, as has either subsisted time out of mind in the
crown; or else has been granted by parliament, by way of purchase or
exchange for such of the king's inherent hereditary revenues, as were
found inconvenient to the subject.
WHEN I say that it has subsisted time out of mind in the crown, I do
not mean that the king is at present in the actual possession of the
whole of this revenue. Much (nay, the greatest part) of it is at this
day in the hands of subjects; to whom it has been granted out from
time to time by the kings of England: which has rendered the crown in
some measure dependent on the people for it's ordinary support and
subsistence. So that I must be obliged to recount, as part of the
royal revenue, what lords of manors and other subjects frequently
look upon to be their own absolute rights, because they are and have
been vested in them and their ancestors for ages, though in reality
originally derived from the grants of our antient princes.
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