Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/211

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Ch. 3.
of Persons.
195

conſtitutes a kinſman of the whole blood) but from a ſingle anceſtor only; as when two perſons are derived from the ſame father, and not from the ſame mother, or vice verſa: provided only, that the one anceſtor, from whom both are deſcended, be that from whoſe veins the blood royal is communicated to each. Thus Mary I inherited to Edward VI, and Elizabeth inherited to Mary; all born of the ſame father, king Henry VIII, but all by different mothers. The reaſon of which diverſity, between royal and common deſcents, will be better underſtood hereafter, when we examine the nature of inheritances in general.

3. The doctrine of hereditary right does by no means imply an indefeaſible right to the throne. No man will, I think, aſſert this, that has conſidered our laws, conſtitution, and hiſtory, without prejudice, and with any degree of attention. It is unqueſtionably in the breaſt of the ſupreme legiſlative authority of this kingdom, the king and both houſes of parliament, to defeat this hereditary right; and, by particular entails, limitations, and proviſions, to exclude the immediate heir, and veſt the inheritance in any one elſe. This is ſtrictly conſonant to our laws and conſtitution; as may be gathered from the expreſſion ſo frequently uſed in our ſtatute book, of “the king’s majeſty, his heirs, and ſucceſſors.” In which we may obſerve, that as the word, “heirs,“ neceſſarily implies an inheritance or hereditary right, generally ſubſiſting in the royal perſon; ſo the word, “ſucceſſors,” diſtinctly taken, muſt imply that this inheritance may ſometimes be broke through; or, that there may be a ſucceſſor, without being the heir, of the king. And this is ſo extremely reaſonable, that without ſuch a power, lodged ſomewhere, our polity would be very defective. For, let us barely ſuppoſe ſo melancholy a caſe, as that the heir apparent ſhould be a lunatic, an idiot, or otherwiſe incapable of reigning: how miſerable would the condition of the nation be, if he were alſo incapable of being ſet aſide!—It is therefore neceſſary that this power ſhould be lodged ſomewhere: and yet the inheritance, and regal dignity, would be very precarious indeed, if this power were expreſſly and

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