Royalty (law)

“ The heir-at-law in private life may dissipate by his folly, or forfeit by his crimes, the patrimony which the law conveys to him; and the legitimate{213} monarch may most unquestionably, by departing from the principles of the constitution under which he is called to reign, forfeit for himself, and for his heirs if the legislature shall judge it proper, that crown, which the principle of legitimacy bestowed on him as his birth-right. ”

“ The King and Queen should both be reigning powers And the survivor hold the reins till death. This law, applying as it did of yore When William, Prince of Citron, was consort— And this law should apply to all Succession. Perish the unjust law which gives the child The right to occupy its parent’s place. This being so, let Monarchs have fair play— Let them be human beings not mere dolls, Let them have pow’r to vote and speak with you, Let them be otherwise than dressed-up shapes To be the objects of barbaric shows. ”

“ The visible wearer of the crown is merely the living representative and agent for the time being of this invisible and undying persona ficta, in whom by our law the powers and prerogatives of the government of this realm are vested. When the King in his natural person dies, the property real and personal which he owns in right of his crown and as trustee for the state, and the debts and liabilities which in such right and capacity have been incurred by him, pass to his successors in office, and not to his heirs, executors, or administrators. ”

“ 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. ”

“ Lands are not naturally descendible any more than thrones: but the law has thought proper, for the benefit and peace of the public, to establish hereditary succession in one as well as the other.
It must be owned, an elective monarchy seems to be the most obvious, and best suited of any to the rational principles of government, and the freedom of human nature: and accordingly we find from history that, in the infancy and first rudiments of almost every state, the leader, chief magistrate, or prince, hath usually been elective. ”

“ For as the king, by the very descent of the crown, is fully inverted with all the rights and bound to all the duties of sovereignty, before his coronation; so the subject is bound to his prince by an intrinsic allegiance, before the super-induction of those outward bonds of oath, homage, and fealty ”

“ Among other glories of a kingdom, we hold that to be chiefest, which, strengthened by a proper distribution of orders, dignities, and offices, will cause it to be supported by wise counsels, and upheld by the powers of the great: therefore many hereditary dignities of our kingdom having devolved as well by hereditary descent according to the law of the same kingdom, upon co-heirs and co-parceners, as also on failure of issue, and from various other events, to the King's hands, the said kingdom hath for a long time suffered a great deficiency in titles, honors, and the dignity of rank. ”

“ 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. ”

“ But if the laws of the land appoint the nobles, as next the King, to assist him in doing right, and withhold him from doing wrong, then be they licensed by man's law, and so not prohibited by God's, to interpose themselves for the safety of equity and innocency, and by all lawful and needful means to procure the Prince to be reformed, but in no case deprived, where the sceptre is inherited! ”

“ 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. ”

“ This supreme power is passed on to the Sovereign's heir, who is designated by him. The Sovereign designates this heir on the proclamation of this law, later upon taking over supreme power, and also designates at least the next two in line of succession. ”

“ 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. ”

“ The will of the people, the source of all Law and of all power, has been exercised, not in the old form of personally choosing a King at every vacancy of the Crown, but by an equally lawful exercise of the national will, which has thought good to entail the Crown on a particular family. ”

“ Hail to the Crown by Freedom shaped—to gird
An English Sovereign's brow! and to the Throne
Whereon he sits! Whose deep foundations lie
In veneration and the People's love,
Whose steps are equity, whose seat is law. ”

“ A body of nobility is also more peculiarly necessary in our mixed and compounded constitution, in order to support the rights of both the crown and the people, by forming a barrier to withstand the encroachments of both. It creates and preserves that gradual scale of dignity, which proceeds from the peasant to the prince; rising like a pyramid from a broad foundation, and diminishing to a point as it rises. ”

“ All that has been said and written on original equality has not yet persuaded the people that the fate of Kings is regulated only by the ordinary dispensations of Providence; and they seem to persist in believing, that royalty, if it has not a more fortunate pre-eminence, is at least distinguished by an unusual portion of calamities. ”

“ 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 ”

“ Therefore, the grants being by the king, for his heirs and successors, and the tenures being of the king, his heirs and successors, and the reservation being to the king, his heirs and successors, are so far from proving that we were to be part of an empire, as one state, subject to the supreme authority of the English or British state, and subject to its protection, that they do not so much as prove that we are annexed to the English crown. ”

“ We understand that in the failure of them, all rights to our said crown, and succession to our dominions, which might at any time whatsoever belong and appertain to them, be and remain transferred to our most dear and most beloved grandson the Duke of Berry, and to his children and descendants, being males born in lawful marriage; and successively, in failure of them, to those of the Princes of our Royal House, and their descendants, who in right of their birth, or by the order established since the foundation of our monarchy, ought to succeed to our crown. ”

“ But, Sir, you are to consider that all those who consider that a king has a right to his crown, as a man has to his estate, which is the just opinion, would be for restoring the king who certainly has the hereditary right, could he be trusted with it ”

“ Thus, these monarchies are not, strictly speaking, either elective or hereditary; and though the destination of a prince may often be followed in appointing his successor, they can as little be regarded as wholly testamentary. The states by their suffrage may sometimes establish a sovereign; but they more frequently recognize the person whom they find established: a few great men take the lead; the people, overawed and influenced, acquiesce in the government; and the reigning prince, provided he be of the royal family, passes undisputedly for the legal sovereign.
[MN The Wittenagemot.] ”

“ Whenever a Sovereign De Facto is universally submitted to, and recognized by all the three estates, I must believe that person to be lawful and rightful monarch of this kingdom: who alone has a just title to my allegiance, and to whom only I owe an oath of fealty. ”

“ VI. That no person who shall hereafter come to the possession of this crown, shall go out of the dominions of England, Scotland, or Ireland, without consent of parliament.
“VII. That no person, who has any office under the King, or receives a pension from the crown, shall be capable of serving as a member of the house of commons.
“VIII. That further Provisions be made, for the confirming of all laws and statutes for the securing our religion and the rights and liberties of the people. ”

“ I told him that could not be done without committing ourselves in the eyes of the royalist party, with which moderation was a crime; that it was painful to hear ourselves taxed with being constitutionalists, at the same time that it was our opinion that the only constitution which was consistent with the King's honour, and the happiness and tranquillity of his people, was the absolute power of the sovereign ”

“ Things that in a republic are entirely personal, as marriages, births, christenings, deaths, and burials, whether of high or low, in a monarchy are, if they affect royalty, of public and national concern, and it would not be easy to show how one royal act differed from another in greater or less publicity. ”

“ 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. ”

“ Out of the same democracy, the institution of a political monarch proceedeth in the same manner, as did the institution of the aristocracy, to wit, by a decree of the sovereign people, to pass the sovereignty to one man named and approved by plurality of suffrage. And if this sovereignty be truly and indeed transferred, the estate or commonwealth is an absolute monarchy, wherein the monarch is at liberty, to dispose as well of the succession, as of the possession, and not an elective 143kingdom. ”

“ The true reason, arising from the spirit of our constitution, seems to be this. The lords being a permanent hereditary body, created at pleasure by the king, are supposed more liable to be influenced by the crown, and when once influenced to continue so, than the commons, who are a temporary elective body, freely nominated by the people. ”

“ That it cannot be necessary to invest him with the whole regal authority, is, I think, quite evident; and we owe it to the King, both as public men professing allegiance to him, and as individuals bound to him by many ties of gratitude and honour, to take whatever steps we can with propriety to preserve to him, in case of his recovery, not merely his legal rights, of which he cannot be deprived, but also the political means of exercising those rights according to the opinions which he entertains both of public men and public measures. ”

“ The supreme executive power of these kingdoms is vested by our laws in a single person, the king or queen: for it matters not to which sex the crown descends; but the person entitled to it, whether male or female, is immediately invested with all the ensigns, rights, and prerogatives of sovereign power; as is declared by statute 1 Mar. ”

“ It has been before observed, that the laws of God, and of the land, are the measures of submission and obedience to the King. Wherefore no one ought, from what has been now said, to infer, that in limited monarchies, where part of the legislative authority is lodged in the body of the people, the subjects are obliged to obey any edicts of the prince not agreeble to the laws enacted by the whole legislature. ”

“ To throw the proposition into the abstract—there can be no legitimacy without hereditary majesty, but that member of a royal line is the legitimate king in whom concur all the elements of constitutional designation. ”

“ I shall content myself with observing that, when the people dispose of thrones, they often dispose also of their own liberty; I shall remark that the principle of an hereditary monarchy, however absurd it may at first appear, has been recognised, in practice, as preferable to that of an elective monarchy. ”

“ No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state. ”