Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/287

 Ch. 7. upon all hipping in time of war, will be equally binding as an act of parliament, becaue founded upon a prior law. A proclamation for diarming papits is alo binding, being only in execution of what the legilature has firt ordained: but a proclamation for allowing arms to papits, or for diarming any protetant ubjects, will not bind; becaue the firt would be to aume a dipening power, the latter a legilative one; to the veting of either of which in any ingle peron the laws of England are abolutely trangers. Indeed by the tatute 31 Hen. VIII. c. 8. it was enacted, that the king's proclamations hould have the force of acts of parliament: a tatute, which was calculated to introduce the mot depotic tyranny; and which mut have proved fatal to the liberties of this kingdom, had it not been luckily repealed in the minority of his ucceor, about five years after.

IV. king is likewie the fountain of honour, of office, and of privilege: and this in a different ene from that wherein he is liled the fountain of jutice; for here he is really the parent of them. It is impoible that government can be maintained without a due ubordination of rank; that the people may know and ditinguih uch as are et over them, in order to yield them their due repect and obedience; and alo that the officers themelves, being encouraged by emulation and the hopes of uperiority, may the better dicharge their functions: and the law uppoes, that no one can be o good a judge of their everal merits and ervices, as the king himelf who employs them. It has therefore intruted with him the ole power of conferring dignities and honours, in confidence that he will betow them upon none, but uch as deerve them. And therefore all degrees of nobility, of knighthood, arid other titles, are received by immediate grant from the crown: either expreed in writing, by writs or letters patent, as in the creations of peers and baronets; or by corporeal invetiture, as in the creation of a imple knight. Rh