Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/256

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The Rights
Book 1.

thority, as are rooted in and ſpring from the king’s political perſon, conſidered merely by itſelf, without reference to any other extrinſic circumſtance; as, the right of ſending embaſſadors, of creating peers, and of making war or peace. But ſuch prerogatives as are incidental bear always a relation to ſomething elſe, diſtinct from the king’s perſon; and are indeed only exceptions, in favour of the crown, to thoſe general rules that are eſtabliſhed for the reſt of the community: ſuch as, that no coſts ſhall be recovered againſt the king; that the king can never be a joint-tenant; and that his debt ſhall be preferred before a debt to any of his ſubjects. Theſe, and an infinite number of other inſtances, will better be underſtood, when we come regularly to conſider the rules themſelves, to which theſe incidental prerogatives are exceptions. And therefore we will at preſent only dwell upon the king’s ſubſtantive or direct prerogatives.

These ſubſtantive or direct prerogatives may again be divided into three kinds: being ſuch as regard, firſt, the king’s royal character; ſecondly, his royal authority; and, laſtly, his royal income. Theſe are neceſſary, to ſecure reverence to his perſon, obedience to his commands, and an affluent ſupply for the ordinary expenſes of government; without all of which it is impoſſible to maintain the executive power in due independence and vigour. Yet, in every branch of this large and extenſive dominion, our free conſtitution has interpoſed ſuch ſeaſonable checks and reſtrictions, as may curb it from trampling on thoſe liberties, which it was meant to ſecure and eſtabliſh. The enormous weight of prerogative (if left to itſelf, as in arbitrary government it is) ſpreads havoc and deſtruction among all the inferior movements: but, when balanced and bridled (as with us) by it’s proper counterpoiſe, timely and judiciouſly applied, it’s operations are then equable and regular, it invigorates the whole machine, and enables every part to anſwer the end of it’s conſtruction.

In the preſent chapter we ſhall only conſider the two firſt of theſe diviſions, which relate to the king’s political character and

authority;