Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/256

240 thority, as are rooted in and pring from the king’s political peron, conidered merely by itelf, without reference to any other extrinic circumtance; as, the right of ending embaadors, of creating peers, and of making war or peace. But uch prerogatives as are incidental bear always a relation to omething ele, ditinct from the king’s peron; and are indeed only exceptions, in favour of the crown, to thoe general rules that are etablihed for the ret of the community: uch as, that no cots hall be recovered againt the king; that the king can never be a joint-tenant; and that his debt hall be preferred before a debt to any of his ubjects. Thee, and an infinite number of other intances, will better be undertood, when we come regularly to conider the rules themelves, to which thee incidental prerogatives are exceptions. And therefore we will at preent only dwell upon the king’s ubtantive or direct prerogatives.

ubtantive or direct prerogatives may again be divided into three kinds: being uch as regard, firt, the king’s royal character; econdly, his royal authority; and, latly, his royal income. Thee are neceary, to ecure reverence to his peron, obedience to his commands, and an affluent upply for the ordinary expenes of government; without all of which it is impoible to maintain the executive power in due independence and vigour. Yet, in every branch of this large and extenive dominion, our free contitution has interpoed uch eaonable checks and retrictions, as may curb it from trampling on thoe liberties, which it was meant to ecure and etablih. The enormous weight of prerogative (if left to itelf, as in arbitrary government it is) preads havoc and detruction among all the inferior movements: but, when balanced and bridled (as with us) by it’s proper counterpoie, timely and judiciouly applied, it’s operations are then equable and regular, it invigorates the whole machine, and enables every part to anwer the end of it’s contruction.

the preent chapter we hall only conider the two firt of thee diviions, which relate to the king’s political character and authority;