FREE BOOKS

Author's List




PREV.   NEXT  
|<   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231  
232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   >>   >|  
under eighteen, or if a female and under sixteen, should be till such age in the governance of his or her natural mother, (if approved by the king) and such other counsellors as his majesty should by will or otherwise appoint: and he accordingly appointed his sixteen executors to have the government of his son, Edward VI, and the kingdom; which executors elected the earl of Hertford protector. The statute 24 Geo. II. c. 24. in case the crown should descend to any of the children of Frederick late prince of Wales under the age of eighteen, appoints the princess dowager;--and that of 5 Geo. III. c. 27. in case of a like descent to any of his present majesty's children, empowers the king to name either the queen, the princess dowager, or any descendant of king George II residing in this kingdom;--to be guardian and regent, till the successor attains such age, assisted by a council of regency: the powers of them all being expressly defined and set down in the several acts.] III. A THIRD attribute of the king's majesty is his _perpetuity_. The law ascribes to him, in his political capacity, an absolute immortality. The king never dies. Henry, Edward, or George may die; but the king survives them all. For immediately upon the decease of the reigning prince in his natural capacity, his kingship or imperial dignity, by act of law, without any _interregnum_ or interval, is vested at once in his heir; who is, _eo instanti_, king to all intents and purposes. And so tender is the law of supposing even a possibility of his death, that his natural dissolution is generally called his _demise_; _dimissio regis, vel coronae_: an expression which signifies merely a transfer of property; for, as is observed in Plowden[z], when we say the demise of the crown, we mean only that in consequence of the disunion of the king's body natural from his body politic, the kingdom is transferred or demised to his successor; and so the royal dignity remains perpetual. Thus too, when Edward the fourth, in the tenth year of his reign, was driven from his throne for a few months by the house of Lancaster, this temporary transfer of his dignity was denominated his _demise_; and all process was held to be discontinued, as upon a natural death of the king[a]. [Footnote z: Plowd. 177. 234.] [Footnote a: M. 49 Hen. VI. pl. 1-8.] WE are next to consider those branches of the royal prerogative, which invest this our sovereign lord, thus all-perfect and
PREV.   NEXT  
|<   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   226   227   228   229   230   231  
232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253   254   255   256   >>   >|  



Top keywords:

natural

 

majesty

 
dignity
 
Edward
 

kingdom

 
demise
 

children

 
George
 

prince

 

Footnote


princess
 

dowager

 

successor

 

transfer

 

capacity

 

sixteen

 

executors

 

eighteen

 

governance

 

Plowden


mother
 

politic

 
female
 

remains

 

perpetual

 
demised
 

transferred

 

consequence

 

disunion

 

dissolution


generally

 

called

 

possibility

 

tender

 

supposing

 
counsellors
 

dimissio

 

property

 

approved

 

signifies


expression

 

coronae

 

observed

 

perfect

 

sovereign

 
branches
 
prerogative
 

invest

 
driven
 

throne