Life and Times of Her Majesty Caroline Matilda, Vol. 2 (of 3): Queen of Denmark and Norway, and Sister of H. M. George III. of EnglandWraxall, Lascelles, Sir
History
Life and Times of Her Majesty Caroline Matilda, Vol. 2 (of 3): Queen of Denmark and Norway, and Sister of H. M. George III. of England
Wraxall, Lascelles, Sir
Caroline Mathilde, Queen, consort of Christian VII, King of Denmark, 1751-1775; Denmark -- History -- Christian VII, 1766-1808
By the last regulation of the instructions for the future course of
business in the council of state, the king's signature was deprived
of all force and validity, except in council. It is true that this
restriction might be regarded as emanating from the king himself, and
be used to avoid any possible forgery of his signature. Still, it was
quite certain that, henceforth, the king could undertake no affair of
state that had not previously received the sanction of the council.
And yet it was regarded as a crime worthy of death in Struensee, that
he issued instructions to the colleges in his Majesty's name, and his
enemies appealed to paragraphs three and twenty-six of the _Lex Regia_.
These may be as well quoted, once for all, as frequent reference will
be made to them:--
Sec. III.--Hence the king shall have alone the highest power and
authority, both to issue and explain laws and regulations according to
his will, to make them invalid, to pass others in their place, and even
to abrogate laws passed by himself or his ancestors (always excepting
this royal law, which must always remain immutable and uninjured as
the right foundation of the royal authority and a fundamental law).
The king can also liberate and exempt any person he pleases from the
general law.
Sec. XXVI.--... And as both daily experience, as well as the lamentable
examples of other kingdoms, sufficiently prove how injurious and
ruinous it is if the clemency and kindness of kings are so misused,
that their power and authority are cut away from them almost invisibly
by one or the other, and, at times, even by their most privy ministers;
and, through this, both the commonwealth and the kings themselves
suffer the greatest detriment.... We therefore wish to recommend this
earnestly to our successors, the hereditary rulers in Denmark and
Norway, that they should take special care to protect their hereditary
right and sovereign rule; that is to say, preserve the supreme
monarchical power perfect and unlessened, as we have left it to them
for an eternal inheritance in this our royal law. And hence we order
and decree, for its further confirmation, that if any one, no matter
who, should venture to desire or appropriate anything which could be
injurious to the sovereign rule and monarchical power in any way,
everything obtained in this manner shall be declared null and void,
and those who have got possession of such things shall be punished
as insulters of majesty, because they have impudently committed the
greatest crime against the supremacy of the royal monarchical power.
According to these paragraphs, the writers of the instructions for the
new council of state who had extorted the king's signature, and the
members of the council who obeyed the instructions, must indubitably be
regarded as guilty of high treason, while the instructions, even after
the king's signature had been obtained, must be considered null and
void, according to the letter of the _Lex Regia_.
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