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sellor in the execution of his office, shall be a felon without benefit of clergy.

The dissolution of the privy council depends upon the king's pleasure; and he may, whenever he thinks proper, discharge any particular member, or the whole of it, and appoint another. By the common law also it was dissolved ipso facto by the king's demise; as deriving all its authority from him. But now, to prevent the inconveniences of having no council in being at the accession of a new prince, it is enacted by statute 6 Anne, c. 7. that the privy council shall continue for six months after the demise of the crown, unless sooner determined by the successor.

CHAPTER VI.

OF THE KING'S DUTIES.

I PROCEED next to the duties, incumbent on the king by our constitution, in consideration of which duties his dignity and prerogative are established by the laws of the land: it being a maxim in the law, that protection and subjection are reciprocal.

The principal duty of the king is, to govern his people according to law.

And, as to the terms of the original contract between king and people, these I apprehend to be now couched in the coronation oath, which by the statute of 1 W. & M. st. 1. c. 6. is to be administered to every king and queen, who shall succeed to

the imperial crown of these realms, in the presence of all the people; who on their parts do reciprocally take the oath of allegiance to the crown. This coronation oath is conceived in these terms:

"The archbishop or bishop shall say, Will you "solemnly promise and swear to govern the people "of this kingdom of England, and the dominions "thereto belonging, according to the statutes in "parliament agreed on, and the laws and customs "of the same?—The king or queen shall say, I "solemnly promise so to do. Archbishop or bishop, "Will you to your power cause law and justice, in

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mercy, to be executed in all your judgments?— "King or queen, I will. Archbishop or bishop, "Will you to the utmost of your power, maintain "the laws of God, the true profession of the gos

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pel, and the protestant reformed religion esta"blished by the law? And will you preserve unto "the bishops and clergy of this realm, and to the "churches committed to their charge, all such "rights and privileges as by law do or shall apper"tain unto them, or any of them?-King or queen, "All this I promise to do. After this the king or queen, laying his or her hand on the holy gospels "shall say, The things which I have here-before promised I will perform and keep: so help me "God, and then shall kiss the book."

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At present we are only to observe, that in the king's part of this original contract, are expressed all the duties that a monarch can owe to his ple: viz. to govern according to law; to exe

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cute judgment in mercy; and to maintain the established religion.

CHAPTER VII.

OF THE KING'S PREROGATIVE.

By the word prerogative we usually understand that special pre-eminence, which the king hath, over and above all other persons, and out of the ordinary course of the common law, in right of his regal dignity.

Prerogatives are either direct or incidental. The direct are such positive substantial parts of the royal character and authority, as are rooted in and spring from the king's political person, considered merely by itself, without reference to any other extrinsic circumstance; as, the right of sending ambassadors, of creating peers, and of waging war or making peace. But such prerogatives as are incidental bear always a relation to something else, distinct from the king's person; and are indeed only exceptions, in favour of the crown, to those general rules that are established for the rest of the community such as, that no costs shall be recovered against the king; that the king can never be a joint-tenant; and that his debt shall be preferred before a debt to any of his subjects.

These substantive or direct prerogatives may again be divided into three kinds : being such as

regard, first, the king's royal character; secondly, his royal authority; and, lastly, his royal income. These are necessary, to secure reverence to his person, obedience to his commands, and an affluent supply for the ordinary expences of government; without all of which it is impossible to maintain the executive power in due independence and vigour.

First, then, of the royal dignity. Under every monarchical establishment, it is necessary to distinguish the prince from his subjects, not only by the outward pomp and decorations of majesty, but also by ascribing to him certain qualities, as inherent in his royal capacity, distinct from and superior to those of any other individual in the nation. For, though a philosophical mind will consider the royal person merely as one man appointed by mutual consent to preside over many others, and will pay him that reverence and duty which the principles of society demand, yet the mass of mankind will be apt to grow insolent and refractory, if taught to consider their prince as a man of no greater perfection than themselves. The law therefore ascribes to the king, in his high political character, not only large powers and emoluments, which form his prerogative and revenue, but likewise certain attributes of a great and transcendant nature; by which the people are led to consider him in the light of a superior being, and to pay him that awful respect, which may enable him with greater ease to carry on the business of government.

I. And, first, the law ascribes to the king the

attribute of sovereignty or pre-eminence. "Rex est vicarius," says Bracton, "et minister Dei in terra: omnis quidem sub eo est, et ipse sub nullo, nisi tantùm sub Deo." The king is declared to be the supreme head of the realm in matters both civil and ecclesiastical, and of consequence inferior to no man upon earth, dependant on no man, accountable to no man. Hence it is, that no suit or action can be brought against the king, even in civil matters, because no court can have jurisdiction over him. Hence it is, likewise, that by law the person of the king is sacred, even though the measures pursued in his reign be completely tyrannical and arbitrary; for no jurisdiction upon earth has power to try him in a criminal way; much less to condemn him to punishment.

Are then, it may be asked, the subjects of England totally destitute of remedy, in case the crown should invade their rights, either by private injuries, or public oppressions? To this we may answer, that the law has provided a remedy in both cases.

And, first, as to private injuries: if any person has, in point of property, a just demand upon the king, he must petition him in his court of chancery, where his chancellor will administer right as a matter of grace, though not upon compulsion.

Next, as to cases of ordinary public oppression, where the vitals of the constitution are not attacked, the law hath also assigned a remedy. For as a king cannot misuse his power, without the advice of evil counsellors, and the assistance of wicked ministers, these men may be examined and punished.

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