Page:Prerogatives of the Crown.djvu/24

 4 The King's Attributes, c^-c. [Ch. I. is a work of more time and delay than the exigencies of State will afford. The King of England is therefore not only the chief, but properly the sole, magistrate of the nation ; all others acting by commission from, and in due subordination to him. (a) " By the word * prerogative ' we usually understand," ob- serves Sir William Blackstoiie (/;), " 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 royal dignity. It signifies, in its etymology, (from jprce and rogoj something that is required or demanded before, or in preference to, all others. And hence it follows, that it must be in its nature singular and eccentrical ; that it can only be applied to those rights and capacities which the King enjoys alone, in contradistinction to others ; and not to those which he enjoys in common with any of his subjects; for if once any one prerogative of the Crown could be held in common with the subject, it would cease to be prerogative any longer. And therefore Finch (c) lays it down as a maxim, that the pre- rogative is that law in case of the King, which is law in no case of the subject." The splendour, rights, and powers of the Crown were attached to it for the benefit of the people {d), and not for the private gratification of the sovereign; they form part of, and are, generally speaking, as antient as the law itself, and the statute 17 Ed. 2. St. I. de prerogativa regis is merely declaratory of the common law. [e) In every community, it is highly important that the greatest reverence towards their sovereign should be instilled into the minds of the governed, — unattended by respect, authority speedily diminishes ; and without a due share of authority, it would be impossible for the King to enforce respect to the laws; on the observance of which depend the happiness and security of his subjects. Independently therefore, of the mere trap- pings and outward magnificence and title [f) of royalty, and of the various substantial authorities and powers of the Crown, the constitution has attached to the wearer certain attributes forming his constitutional character and royal dignity. (a) 1 Bla. Com.250. {e) 2 Inst. 496. 26'^. 10 Co. 64. . (A) Ibid. 239. Bend). 117. (c) Finch, L. 85. (/) See Com. Dig. tit Roy. B. 1 Bla. (rf) S Alk. 171. 4 T. R. 410. C. 190. These