Page:Prerogatives of the Crown.djvu/95

Ch. VII. Sec. I.] assent, the words used are "le roy iavisera. When a bill of supply is passed, it is carried up and presented to the King, by the Speaker of the House of Commons, and the royal assent is thus expressed, "le roy remercie ses loyal subjects, accepte lour benevolence, et aussi leveut—"the King thanks his loyal subjects, accepts their benevolence, and wills it so to be ."

It is not usual, except in the case of an act of grace, for statutes to originate with the King ; but, without doubt, if a bill, with the royal assent, should be sent to the Lords and Commons, and receive their assent also, it would be a perfect law, if even in the form of a charter, as was the case with Magna Charta.

That which constitutes law is the concurring assent of all the branches of the legislature, wheresoever it may originate, whatever may happen to be the form of it.

CHAP. VII.

Of the King as the Fountain of Justice and Office, and Administrator of the Laws.

—''In general ; and. as to Public Courts and Offices, and Officers.''

The prerogative of creating courts and offices has been immemorially exercised by the Kings of England, and is founded on the capacities of executive magistrate, and distributor of justice, which the constitution of the country has assigned to the Sovereign.

Public offices are either judicial or ministerial. It seems, that in very early times our Kings, in person, often heard and determined causes between party and party. But, by the long and uniform usage of many ages, they have delegated their whole judicial powers to the judges of their several courts ; so that, at present, the King cannot determine