Page:Prerogatives of the Crown.djvu/427

Oi.XVlL] Of the King's Family and Couiicih, 407 that the King's right to superintend the education of his diil- dren and grandchildren, was a necessary consequence of his prerogative with respect to their marriages. The other two judges entertained different sentiments : they relied principally on the undoubted and admitted common law exclusive right of the father to regulate the education of his children in ordinary cases ; they contended that the judges' minds ought not to be biassed by considerations of political inconvenience; and in- sisted that no legal authorities were to be found in support of this prerogative. But they admitted that the care and appro- bation of the royal grandchildren belonged to the King by virtue of his prerogative, not however exclusive of the prince their father, but only concurrently with him. There can indeed be no doubt whatever from immemorial usage, which is evidence of and constitutes common law, that the royal consent and ap- probation should be obtained previous to any marriage with the royal family. And in 1772(a), the judges concurred in opinion that the King's care and approbation of such marriages extended to the presumptive heir of the Crown, though to what other branches of the royal family the same did extend they did not find precisely determined. " The most frequent in^ stances of the Crown's interposition go no further," observes Sir W. Blackstone (i), "than nephews and nieces, but examples are not wanting of its reaching to more distant collaterals." It will be observed, that at common law the royal consent was in no instance necessary to the validity of a marriage with tme of the royal family ; though the parties subjected them- selves to severe punishment for this high contempt of the royal prerogative (c). This defect was supplied by the act "for the better regulating the future marriages of the royal family," (12 G. 3. c. 11.), by which, (after reciting that " marriages in the royal family are of the highest importance to the state; and that therefore the Kings of this realm have even been entrusted with the care and approbation thereof);" no des- cendant of the body of G. 2. (other than the issue of princesses married into foreign families), is capable of contracting ma- (a) Lords' Journ. 23th Feb. 1772. to contract marriage with the King's 1 Bla. Com. 225. children or reputed children, his sisters {h) 1 Com. 19,5, 6. or annts ex parte paterni, or the chiN (t) Thf statnle of 28 Hen. 8. r. 18 drrn of his brethren or sisters, was re- which made it high treason fot any marf pealed by 1 Ed. 6. c. 12. trimoiiv,