Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/262

246 II. the attribute of overeignty, the law alo acribes to the king, in his political capacity, abolute perfection. The king can do no wrong. Which antient and fundamental maxim is not to be undertood, as if every thing tranacted by the government was of coure jut and lawful, but means only two things. Firt, that whatever is exceptionable in the conduct of public affairs is not to be imputed to the king, nor is he anwerable for it peronally to his people: for this doctrine would totally detroy that contitutional independence of the crown, which is neceary for the balance of power, in our free and active, and therefore compounded, contitution. And, econdly, it means that the prerogative of the crown extends not to do any injury: it is created for the benefit of the people, and therefore cannot be exerted to their prejudice.

king, moreover, is not only incapable of doing wrong, but even of thinking wrong: he can never mean to do an improper thing: in him is no folly or weaknes. And therefore, if the crown hould be induced to grant any franchie or privilege to a ubject contrary to reaon, or in any wie prejudicial to the commonwealth, or a private peron, the law will not uppoe the king to have meant either an unwie or an injurious action, but declares that the king was deceived in his grant; and thereupon uch grant is rendered void, merely upon the foundation of fraud and deception, either by or upon thoe agents, whom the crown has thought proper to employ. For the law will not cat an imputation on that magitrate whom it entruts with the executive power, as if he was capable of intentionally diregarding his trut: but attributes to mere impoition (to which the mot perfect of ublunary beings mut till continue liable) thoe little inadvertencies, which, if charged on the will of the prince, might leen him in the eyes of his ubjects.