Page:Prerogatives of the Crown.djvu/31

 Ch. I.] Who entitled to the Prerogatives, 1 1 title, he having neither leisure nor abilities, nor is he at li- berty to enter into that question : but he seeth the fountain, from whence the blessings of government, liberty, peace, and plenty flow to him, and there he payeth his allegiance." The royal rights and powers cannot be vested in two per- sons at the same time, consequently the King de jure is by law disabled from exercising them, whilst the Usurper is in the actual possession of the crown, (a) It is even said {h) that the people are legally bound to resist any attempt the King 6?^ jwre may make to assume the royal authority. For the justice of this latter doctrine, but few will contend : and it appears un- tenable in point of law. Sir W, Blackstone satisfactorily re- futes the position, and holds that the statute 1 1 Hen. 7. c, . on which it is attempted to be grounded, does not enforce or command any opposition to a King de jure^ but merely excuses the obedience paid to a King de facto, (c) It must, however, be observed that if the King de jure has once had possession of the throne, his subjects cannot legally obey or recognize an usurper of such possession, {d) Immediately on the demise of the King, his successor is entitled to the prerogatives attached to the Crown: no coro- nation, no formal recognition of the claim of the successor is necessary to the perfection of his title ; he becomes instantly on the dissolution of his ancestor, a King for every purpose, (e) Much inconvenience would occur if the realm were deprived, even for a short period, of a sovereign ; without whom no act of legislation however trifling can be perfected, or executive affair, however immaterial, be legally performed. Hence it is a maxim in the English law that the King never dies : his po- litical existence is never in abeyance, or suspended. {/) A titular King, or in other words the husband of a Queen regnant who is in her own right heiress to the crown, has no legal claim to the royal rights ; {g) which are in such case vested by the constitution in the Queen, {h) Hence treason, (a) See Bro. Ab. Charter de pardon, 213. 3 Inst. 7. Hal. P. C. 101. See 22. 3 Inst. 7. Wood's Inst. 5.')9. Hal. Fost. R. 189. 1 Bla. Com. IDS. 309. Hist. P. C. 104. 1 Wooddn. 73. (6) 1 Hawkins, P. C. Bk. 1. c. 17. (/) 1 Bla. Conn. 249. ante 5. s. 16. 2 Wooddn. 502, 3. (g) See 3 lust. 7, 8. 1 Hawk. P. C. (c) 4 Bla. Com. 77. ch. 17. s. 20. (r/) Ilal. P. C. 104. (A) Hal. P. C. 101. l) Calvin'sCasc, 7Co.R. 13. Plowd. in