Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/211

Ch. 3. contitutes a kinman of the whole blood) but from a ingle ancetor only; as when two perons are derived from the ame father, and not from the ame mother, or : provided only, that the one ancetor, from whom both are decended, be that from whoe veins the blood royal is communicated to each. Thus Mary I inherited to Edward VI, and Elizabeth inherited to Mary; all born of the ame father, king Henry VIII, but all by different mothers. The reaon of which diverity, between royal and common decents, will be better undertood hereafter, when we examine the nature of inheritances in general. 3.&ensp; doctrine of hereditary right does by no means imply an indefeaible right to the throne. No man will, I think, aert this, that has conidered our laws, contitution, and hitory, without prejudice, and with any degree of attention. It is unquetionably in the breat of the upreme legilative authority of this kingdom, the king and both houes of parliament, to defeat this hereditary right; and, by particular entails, limitations, and proviions, to exclude the immediate heir, and vet the inheritance in any one ele. This is trictly cononant to our laws and contitution; as may be gathered from the expreion o frequently ued in our tatute book, of “the king’s majety, his heirs, and ucceors.” In which we may oberve, that as the word, “heirs,“ necearily implies an inheritance or hereditary right, generally ubiting in the royal peron; o the word, “ucceors,” ditinctly taken, mut imply that this inheritance may ometimes be broke through; or, that there may be a ucceor, without being the heir, of the king. And this is o extremely reaonable, that without uch a power, lodged omewhere, our polity would be very defective. For, let us barely uppoe o melancholy a cae, as that the heir apparent hould be a lunatic, an idiot, or otherwie incapable of reigning: how mierable would the condition of the nation be, if he were alo incapable of being et aide!—It is therefore neceary that this power hould be lodged omewhere: and yet the inheritance, and regal dignity, would be very precarious indeed, if this power were exprely and Rh