Royal assent

“ Gladstone's Home Rule Government. Surely the consistency of the Times in evil-speaking is one of the most precious of our national possessions: On the 30th of June the Royal Assent was given by commission to forty Bills—the first Bills which became law in the Queen's reign; and, the clerks in the House of Lords having been accustomed ever since the days of Queen Anne to say "his Majesty" and "Le Roy le veult," there was hopeless bungling over the feminine appellations, now after 130 years revived. ”

“ The authority of the states declared supreme in all affairs of administration and finance, the impeachment of all the counsellors of the king, the dismissal in a body of the officers of justice, and the creation of a council of reformers taken from the three orders; lastly, the prohibition to conclude any truce without the assent of the three states, and the right on their part to re-assemble at their own will without a royal summons. ”

“ He nominates to all higher appointments, both military and civil; concludes foreign treaties, and has a right to preside in the supreme Court of Justice. The princes of the blood royal, however, are excluded from all civil employments. The king possesses legislative power in matters of political administration, but in all other respects that power is exercised by the Diet in concert with the sovereign, and every new law must have the assent of the crown. The right of imposing taxes is, however, vested in the Diet. ”

“ Magna Charter and the other statutes are full, "that they will not defer, delay, nor deny any man justice"; "that it shall not be commanded by the Great Seal, or in any other way, to disturb or delay common right." The judges of England are "not to counsel, or assent to anything which may turn to the damage or disherison of the crown." They are sworn not to deny to any man common right, by the king's letters, nor none other man's, nor for none other cause. Is not the dissolution of society a disherison of the crown? ”

“ The reader, then, will clearly see that there is no distinction more vital to the practice of the British Constitution, or to a right judgment upon it, than the distinction between the Sovereign and the Crown. The Crown has large prerogatives, endless functions essential to the daily action, and even the life, of the State. To place them in the hands of persons who should be mere tools in a Royal will, would expose those powers to constant unsupported collision with the living forces of the nation, and to a certain and irremediable crash. ”

“ How is it possible to reconcile limitations of power with the fundamental maxim, 'the will of the prince has the force of a law?' Portions of the royal authority, as arbitrary as that of the king himself, were intrusted to the several governors of provinces, each of whom, within the limits of his own government, was the image of his sovereign, and, in practice, at least, and in popular opinion also, absolute. ”

“ Since the Revolution of 1688 no one of that faith has worn the English crown.
The other provisions of the bill, following closely the language of the Declaration, forbade the king to levy taxes or keep an army in time of peace without the consent of Parliament; demanded that Parliament should be frequently assembled; reaffirmed, as one of the ancient privileges of both Houses, perfect freedom of debate; and positively denied the dispensing power of the crown, that is, the authority claimed by the Stuarts of exempting certain persons from the penalty of the law by a royal edict. ”

“ A constitutional law has been imposed on France, as easy to be eluded as revoked; and in the form of royal ordinances simply, without consulting the nation, without even hearing those bodies, become illegal, the phantoms of national representation. ”

“ But, as you well know, Parliament cannot proceed to business without the session being opened by the King, or by some Commission authorized by him. No Regent can be appointed or authorized to exercise acts of royal authority but by Act of Parliament; nor can any such Act be valid and binding in law without the King's consent.
The Revolution affords the only thing like a precedent even for the principles on which we can proceed ”

“ And while His Majesty will not suffer any one to curtail the liberties assured to all classes by the law, His Majesty, as well as all the members of His Royal dynasty, strongly condemns the audacity of those who venture to affirm that any illegal act whatsoever or any disrespect of the constituted authorities can be reconcileable with His Majesty's sovereign will, or at all compatible with the interests of the Royal dynasty. ”

“ In the estimate of kings, or of such kings as Louis XIV., all limitations of sovereignty, all co-ordinate authority of estates and parliaments, are not only derogatory to the royal dignity, but injurious to the state itself, of which they distract the councils and enervate the force. ”

“ They soon returned with a letter from the King, confirming their charter, and containing a pardon for all treasons committed during the late troubles, with the exception of those only who were attainted by act of Parliament. But the royal missive also required that the general court should review its ordinances, and repeal such of them as were repugnant to the authority of the crown; that the oath of allegiance should be taken by every person; that justice should be administered in the King's name ”

“ Statute of 1562.—The act entitled, "for the assurance of the queen's royal power over all estates and subjects within her dominions," enacts, with an iniquitous and sanguinary retrospect, that all persons, who had ever taken holy orders or any degree in the universities, or had been admitted to the practice of the laws, or held any office in their execution, should be bound to take the oath of supremacy, when tendered to them by a bishop, or by commissioners appointed under the great seal. ”

“ Magna Carta was not a statement of principles, but a series of specific remedies for specific abuses, which may be summarized as follows:
1. The Church to be free from royal interference, especially in the election of bishops. 2. No taxes except the regular feudal dues (S150) to be levied, except by the consent of the Great Council, or Parliament. 3. The Court of Common Pleas (see p. 73, not 1) not to follow the King, but to remain stationary at Westminster. Justice to be neither sold, denied or delayed. ”

“ Her Majesty has been taught to believe that the most valuable laws of this country depend upon, and derive their authority from, custom; that your Majesty's royal prerogatives stand upon the same basis: the authority of ancient usage cannot therefore be rejected without shaking that foundation upon which the most important rights and institutions of the country depend. Your Majesty's council, however, without controverting any of the facts or reasons upon which the claim made on the part of her Majesty has been supported, have expressed a judgment in opposition to the existence of such right. ”

“ NOTE ADDRESSED TO THE ALLIED SOVEREIGNS, AT THE CONGRESS
OF AIX-LA-CHAPELLE, OCTOBER, 1818.
Sires,—Royal Majesty has no judges on earth. But since sovereigns themselves, stripping it of its most sacred attribute, have subjected it to their tribunal, I come with respectful confidence to appeal to them in favour of a monarch, whom they long recognised, but who is now deposed by them, a captive in their name, and presenting to the world the grandest and most terrible vicissitude that was ever witnessed. Who shall deem himself secure, if even inviolability be violated? ”

“ An apparent, though not a real, exception may be found in the rule which requires that before a bill affecting the prerogative can be introduced into Parliament, notice of the King's assent thereto must be given. If the bill affects only the private property of the Crown it is not a political matter. If it affects the public powers of the Crown, then the assent is given on the responsibility of the ministers. ”

“ In the struggle regarding ecclesiastical jurisdiction the nobility appealed to its privileges of 1422, 1433, 1454, and the Constitution of 1505, demanding the annulment of all royal edicts against heresy as unconstitutional, together with ecclesiastical jurisdiction in matters involving the nobility’s constitutional rights to life and property. As a result of this appeal and demand the king issued instructions to the starostas in 1563 to respect the constitutional rights of the nobility. ”

“ The King alone makes Laws in Parliament. (16.) Governs both Houses as Head by himself. (17.) By his Council. (18.) By his Judges.
(1.) Hitherto I have endeavoured to shew the Natural Institution of Regal Authority, and to free it from Subjection to an Arbitrary Election of the People: It is necessary also to enquire whether Humane Laws have a Superiority over Princes; because those that maintain the Acquisition of Royal Jurisdiction from the People, do subject the Exercise of it to Positive Laws. ”

“ But though, in those instances, the tendency was towards the concentration of power, and in ours towards its diffusion, yet they closely resemble each other in that discreet preservation of ancient forms and legal nomenclature which intercepts a veil between the eyes of society and its real position. For the splendours of the royal court are as imposing and attractive as ever. People still talk complacently of royal prerogatives, the hereditary peerage, the House of Lords, and the many shadowy forms of ancient administration. ”

“ But, on the other hand, the charter, broadly speaking, illustrates, by the retrograde concessions it extorts, the cardinal factor in the long struggle between the feudal nobles and their lord the king, namely, their jealousy of that royal jurisdiction by which the Crown strove, and eventually with success, to break their semi-independent power, and to bring the whole realm into uniform subjection to the law. ”

“ The power which the king exercised on these various occasions was a royal privilege recognized by old French law, and can be traced to a maxim which furnished a text of the Digest of Justinian: “Rex solutus est a legibus.” This signified particularly that when the king intervened directly in the administration proper, or in the administration of justice, by a special act of his will, he could decide without heeding the laws, and even in a sense contrary to the laws. ”

“ It is vain to hope that laws, however excellent, will permanently restrain a King who, in his own opinion, and in that of a great part of his people, has an authority infinitely higher in kind than the authority which belongs to those laws. To deprive royalty of these mysterious attributes, and to establish the principle that Kings reigned by a right in no respect differing from the right by which freeholders chose knights of the shire, or from the right by which judges granted writs of Habeas Corpus, was absolutely necessary to the security of our liberties. ”

“ If any person shall hold, affirm, or maintain that the common laws of this realm, not altered by parliament, ought not to direct the right of the crown of England; or that the queen’s majesty, with and by the authority of parliament, is not able to make laws and statutes of sufficient force and validity, to limit and bind the crown of this realm, and the descent, limitation, inheritance, and government thereof;—such person, so holding, affirming, or maintaining, shall during the life of the queen be guilty of high treason ”

“ My Lords,—Although there is no noble lord more zealously attached to the privileges of this House than I am, yet when I see those privileges interfering with, and destructive of, the rights of the people, there is no one among the people more ready to oppose those privileges than myself. And, my lords, my reason is this: that the privileges of neither house of parliament were ever constitutionally given to either to combat with the rights of the people. ”

“ Assent means the destruction of a portion of the Constitution—and a portion very close to the Throne and which acts as a real buffer against the hasty action of an impetuous and sometimes imperious Commons. ”

“ As further proof that the legislation of the king, whether enacted with or without the assent and advice of his parliaments, was of no authority unless it were consistent with the common law, and unless juries and judges saw fit to enforce it, it may be mentioned that it is probable that no judge in England was ever sworn to observe the laws enacted either by the king alone, or by the king with the advice and assent of parliament. ”

“ Charles V, in a letter to his viceroy, October 22, 1525, says that he understands that the royal courts take cognizance of the cases of the officials of the tribunal, which displeases him greatly; it is his will that the Holy Office shall be cherished and favored and that in all cases, civil and criminal, its officials are to enjoy the immunities and privileges to which they are entitled; they are to exercise their functions with all freedom, under the royal protection, guarded by the penalties expressed in the royal concessions. ”

“ The royal power saw in this merely a concession from itself, a consultative power, which ought to yield before the royal will, when the latter was clearly manifested, either by lettres de jussion or by the actual words and presence of the king, when he came in person to procure the registration of a law in a so-called lit de justice. ”

“ This royal court or Parliament was, however, not a Legislature in our modern sense of that word. It was rather a convention, in which, by a voluntary compact between the king as supreme suzerain and the greater seigneurs as his feudatories, an ordonnance or an impost was established, either throughout the entire kingdom, or in some seigneuries apart from the rest. From any such compact any seigneur might dissent on behalf of himself and his immediate vassals or, by simply absenting himself, might render the extension of it to his own fief impossible. ... ”