If a coronation was not granted to her Majesty, their
rights were unavailing to them; and that, in his opinion, formed a very
sufficient reason why it should be celebrated. That the coronation was
the acknowledgment of the king by the people, he conceived to be a point
which it was unnecessary to prove to their lordships: but he might be
permitted to remark to them, that the coronation of the queen was even
considered as an acknowledgment of her right to enjoy that dignity in an
entry in a charter roll of the fifth year of King John, now preserved in
the Tower. The entry to which he alluded was the grant of certain lands
in dower to his Queen Isabella, and it referred by way of recital to her
coronation as queen. This excerpt was of no small importance in the
consideration of this question; for it proved to their lordships, that
in times when the coronation of the king was positively either his
election, or the recognition of his election as monarch, the coronation
of the queen was conducted, for the very same reasons, with the same
solemnities. This was evident from the description of what was done, and
from the manner and the avowed object of doing it. John was crowned to
show that he was king--"_coronatus in regem_." Isabella was crowned to
show that she was queen--"_in reginam coronata communi consensu
archiepiscoporum_," &c. &c. The very same persons who elected, or
recognised, or only crowned him as their monarch, are, in this passage,
recorded to have elected, or recognised, or only crowned her as their
queen. Was it intended to be maintained that no right existed, whenever
something moving from the crown was necessary to the exercise of it? He
would frankly confess that he knew of no right which a subject could
enjoy without the interposition of the crown in some manner or other.
All writs issued from the crown, and no right could be maintained
without them; yet, would any one dispute the right of the subject to
obtain them? Supposing a peer were to die, and the crown were to refuse
a writ of summons to his eldest son: it was said to be by petition of
right alone that he could sue to the crown to be admitted to his
father's honours; and yet that petition of right would be considered as
a strict undeniable legal right. He could refer also to cases in which
the subject could demand, not merely the king's writ, but also the
king's proclamation, to which he was entitled, not by a common law
right, but by a right given him by an express statute; for instance, in
all cases relative to prize-money. Again, supposing that the House of
Commons were to die a natural death after sitting for seven years, and
the king were to refuse to issue his proclamation to convoke another
within three years of that period, as ordered by the first of William
and Mary, sec. 2, cap. 2, would it be asserted that the subject would
have no right to call for the proclamation of the king to convoke
another parliament, because such proclamation could not issue without an
Public-domain text, read in full here on John Shaqi.
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