Royal law

“ The king ought of his royal dignity and prerogative to mitigate the rigour of the law, where conscience hath the most force; therefore, in his royal place of equal justice, he hath constitute a chancellor, an officer to execute justice with clemency, where conscience is opposed by the rigour of the law. And therefore the Court of Chancery hath been heretofore commonly called the Court of Conscience; because it hath jurisdiction to command the high ministers of the common law to spare execution and judgment, where conscience hath most effect. ”

“ And as he left no heir, and was the last of the royal line, the councilors and wise men of Whatland were in a great quandary as to who should succeed him. But finally they bethought themselves of the laws of the land, and upon looking up the records they found in an old book a law that provided for just such a case as this.
"If the King dies," so read the law, "and there be [67] no one to succeed to the throne, the prime minister shall be blinded and led from the palace into the main street of the city. ”

“ 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. ”

“ 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. ”

“ 103 But where says some is the King of America? I’ll tell you Friend, he reigns above, and doth not make havoc of mankind like the Royal Brute of Britain. Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter; let it be brought forth placed on the divine law, the word of God; let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America the law is king. ”

“ Monarchy, if of Divine Right, cannot be bounded or limited by human Laws, nay, what’s more, cannot bind itself; and All our Claims of right by the Law, or Constitution of the Government, All the Jurisdiction and Priviledge of this House, All the Rights and Priviledges of the House of Commons, All the Properties and Liberties of the People, are to give way, not only to the interest, but the will and pleasure of the Crown. ”

“ It could not be held, without breaking up all the foundations of our polity, that the monarchy emanated from the parliament, or even from the people. But by the revolution and by the act of settlement, the rights of the actual monarch, of the reigning family, were made to emanate from the parliament and the people. In technical language, in the grave and respectful theory of our constitution, the Crown is still the fountain from which law and justice spring forth. ”

“ In each of them modern legislation has swept away the arbitrary inferences of lawyers, and has gone back to those simpler principles which the untutored wisdom of our forefathers never thought of calling in question. I could easily make the list much longer. Every act which has restrained the arbitrary prerogative of the Crown, every act which has secured or increased either the powers of Parliament or the liberty of the subject, has been a return, sometimes to the letter, at all times to the spirit, of our earliest Law. ”

“ 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. ”

“ 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. ”

“ All laws, whether emanating from an absolute monarch or from the representatives of the majority of a state, are mere expressions of the will of the sovereign power, which may be exacted by force. The second use of the word LAW is a record of our experience—e.g., we see the tides ebb and flow, and conclude it is done in obedience to the will of a sovereign power ”

“ 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. ”

“ It is the glory of the British prince and the happiness of all his subjects, that their constitution hath its foundation in the immutable laws of Nature; and as the supreme legislative, as well as the supreme executive, derives its authority from that constitution, it should seem that no laws can be made or executed that are repugnant to any essential law in Nature. ”

“ In the happiest period of our history, the power of the monarch was modified by institutions of various kinds: by the states-general, which, having the right to confirm or reject new taxes, afforded an opportunity of laying at the foot of the throne the complaints and the wishes [351] of the country; by the magistrates, who, almost sovereign in the judicial order, exercised an efficacious control over the legislature; by the church above all, that energetically defended the supremacy of divine law against the caprices of princes. ”

“ I put your Lordships the case plainly, as ’tis now before us. My principle is, That the King is King by Law, and by the same Law that the poor Man enjoys his Cottage; and so it becomes the concern of every man in England, that has but his liberty, to maintain and defend, to his utmost, the King in all his Rights and Prerogatives. My Principle is also, That the Lords House, and the Judicature and Rights belonging to it, are an Essential part of the Government, and Established by the same Law ”

“ IV. That the levying of money for or to the use of the crown, by pretence of prerogative, without grant of parliament, for longer time, or in any other manner than the same is, or shall be granted, is illegal.
“V. That it is the right of the subjects to petition the King, and all commitments and prosecutions for such petitioning are illegal.
“VI. That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law. ”

“ Upon ascending the throne, the King shall take an oath in the presence of the two Chambers to observe faithfully the present constitution. Article 23. The regent, before entering on the duties of that office, shall swear fidelity to the King and faithful observance of this constitution and of the laws of the State. Article 24. All the inhabitants of the Kingdom, whatever their rank or title, shall enjoy equality before the law. All shall equally enjoy civil and political rights and be eligible to civil and military office, except as otherwise provided by law. ”

“ At the accession of Henry VII, Parliament imposed the following checks on the power of the King: (1) No new tax to be levied without consent of Parliament; (2) No new law to be made without the same consent; (3) No committal to prison without a warrant specifying the offense, and the trial to be speedy; (4) Criminal charges and questions of fact in civil cases to be decided by jury; (5) The King's officers to be held responsible to the nation. ”

“ And I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. So help me God." Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said Lords and Commons contained in the said declaration. ”

“ And yet your said humble subjects ne their predecessors could ever be privy to the said laws; ne any of the said laws have been declared unto them in the English tongue, or otherwise published, by knowledge whereof they might have eschewed the penalties, dangers, or censures of the same; which laws so made your said most humble and obedient servants, under the supportation of your Majesty, suppose to be not only to the diminution and derogation of your imperial jurisdiction and prerogative royal, but also to the great prejudice, inquietation, and damage of your said subjects. ”

“ Even when government is vested in an hereditary body, monarchic or aristocratic, this is merely a provisional arrangement, made and liable to be reversed by the sovereign, whose officers the governors are. The act by which government is established is twofold, consisting firstly of the passing of a law by the sovereign, to the effect that there shall be a government ”

“ 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. ”

“ Jury selection should not be tampered with, and jurors who try men for high treason should be freeholders.
11. All grants and promises of fines and forfeiture of particular persons, before conviction, are illegal and void.
12. Parliament should be held frequently for redress of grievances and for the amending, strengthening, and preserving of the laws.
13. All Protestants may freely exercise their religion and the king will maintain the Protestant religion and the law and liberty of the realm. ”

“ But all the strength that either the papal or imperial laws have obtained in this realm, or indeed in any other kingdom in Europe, is only because they have been admitted and received by immemorial usage and custom in some particular cases, and some particular courts; and then they form a branch of the leges non scriptae, or customary law: or else, because they are in some other cases introduced by consent of parliament, and then they owe their validity to the leges scriptae, or statute law. ”

“ Our King, in imitation of his brother of France, strives to bring all the offices and magistracy of the kingdom, that were legally of the people’s choice, to be solely and immediately depending on his absolute will for their being, whether they arise by our common law, or be instituted by statutes or charters. ”

“ The father of a family governs by no other law than his own will, not by the laws and wills of his sons and servants." [811] "The direction of the law is but like the advice and direction which the king's council gives the king, which no man says is a law to the king." [812] "General laws," he observes, "made in parliament, may, upon known respects to the king, by his authority be mitigated or suspended upon causes only known to him; and by the coronation oath, he is only bound to observe good laws, of which he is the judge." ”

“ The language of the great charter is, that no freeman shall be taken or imprisoned but by the lawful judgment of his equals, or by the law of the land. And many subsequent old statutes expressly direct, that no man shall be taken or imprisoned by suggestion or petition to the king or his council, unless it be by legal indictment, or the process of the common-law. ”

“ 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. ”

“ As King, he is entrusted by the law with special powers, and clothed with special attributes, collectively called his Prerogative, in relation to foreign affairs, to war, to trade and navigation, to the judicature, and other things—amongst the rest, to the Church by law established. The powers entrusted to the Crown in relation to the Established Church, collectively called the Supremacy, are a part, or have been affirmed to be so, of its old common-law prerogative, declared and re-asserted, without being precisely defined, by the Statutes of Henry VIII. and Elizabeth. ”