The ATTORNEY-GENERAL then rose.--He said, he perhaps should best
discharge his duty by stating, at the commencement, that, in his own
opinion, the argument and claim were wholly unfounded. That the claim
was not founded on any recognised law, appeared from the statements and
course of proceeding adopted by her Majesty's counsel. He would add,
that the claim now made, so far from ever being supposed to have any
foundation, was not even mentioned by any writer on the laws and
constitution. It had never been agitated or alluded to in any way, not
even by those writers who had touched on the privileges peculiar to a
queen-consort. The one single ground urged in support of the claim was
usage--that usage was supposed to have prevailed through a long series
of years at the coronation of kings who were married. It had been stated
with confidence that such usage was evidence in support of the right;
but when they were talking of rights founded on usage, it was not
sufficient to state that particular facts had taken place. In all such
cases, where the facts were relied on, it was essential to state the
circumstances that had attended such facts, the peculiarities that had
accompanied the alleged privilege, whether it was right of way or
otherwise. As to the right of way, for instance; if permission were
given to use certain paths or roads, the fact of such permission having
preceded the use, at once destroyed the claim of right. If the license
and permission were proved, there was an end of the right. By that
proof, all the inferences drawn from the use were at an end--they were
at once destroyed. The coronation was for the purpose of the monarch's
recognition by the people, and on the part of the king to enter into the
solemn compact to preserve the laws. The coronation of a queen was a
mere ceremony; but that of the king was something more than ceremony.
His coronation was accompanied by important political acts--the
recognition by the people, and, on the other hand, the solemn compact
entered into by the sovereign to preserve and maintain the laws of the
realm. Still, however, as far as the king was concerned, it was a
ceremony; it was not necessary to the sovereign's possession of the
crown--it was what proceeded from his will, and might be dispensed with.
But the queen-consort, who filled no political character in the state,
had only enjoyed the privilege because she was the king's consort. With
respect to a queen-consort, when she was crowned, there was no
recognition of her by the people, no compact towards the people. There
was no engagement between her and the subjects of the realm. This fact
established that, with respect to a queen-consort, a coronation was an
honorary ceremony, unaccompanied by any acts. That the coronation
neither was, nor had been considered to be essential to the possession
of the crown, was proved by the fact of considerable delays having often
taken place between the accession of the monarch and his coronation.
Public-domain text, read in full here on John Shaqi.
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