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throw a fundamental part of that system, which he was called in, and conftituted, and has won to maintain.

Though the claim of all kings to the throne of Great Britain, is a limited and defeasible claim; ye the world can aff rd no rival, in power or glory, to A CONSTITUTIONAL SOVEREIGN of thefe tree dominions.

For the honour of their own body, they have invefted this their head with all poffible illuftration: he concentrates the rays of many nations. They have clothed him in royal robes, and circled his head with a diadem, and enthroned him on high; and they bow down before the mirror of their own majefty.

Neither are his the mere enfigns or external shows of regency: he is invested alfo with powers, much more real than if they were abfolute.

There are three capital prerogatives, with which the king is entrufted, which, at firft fight, appear of fearful and dangerous tendency; and which must iņfallibly and quickly end in arbitrary dominion, if they were not 'counterpoiled and counteracted.

His principal prerogative is to make war or peace, as alfo treaties, leagues, and alliances with foreign potentates.

His fecond prerogative is to nominate and appoint all minifters and fervants of ftate, all judges and adminiftrators of juftice, and all officers, civil or military, throughout thefe realms.

His third capital prerogative is, that he fhould have the whole executive power of the government of thefe nations, by his faid minifters and officers, both civil and military.

I might here also have added a fourth prerogative, which must have been capitally everfive of the constitution, had it not been limited in the original truft; I'mean a power of granting pardon to criminals. Had this power been unreftrained, all obligations to juftice might be abfolved at the king's pleasure. An evil king might even encourage the breach of law: he muft, unqueftionably, have difpenfed with all illicit acts that were perpetrated by his own orders; and this affurance of pardon muft, as unquestionably, have encouraged all his minifters and officers to execute his will, as the only rule of their obedience.

But God, and our glorious ancefiors be praifed! he is reftrained from protecting his beft beloved minifters, when they have effected, or even imagined the damage of the conftitution. He is alfo limited in appeals brought by the lubject for murder

or

or robbery. But, on indictments in his wn name, for offences against his proper perfon and government, fuch as rebellion, infurrection, riot, and breaches of the peace by murder, main, or robbery, &c. here he is at liberty to extend the arm of his mercy; forafmuch as there are many cafes fo circumftanced, fo admiffive of pitiable and palliating confiderations, that fummum jus, or ftrict juftice, might prove fumma injuria, or extreme injuftice."

All pardonable offences are diftinguished by the title of "crimina læfæ maje "ftatis---fins against the king:" all unpardonable offences are diftinguished by the title of "crimina læfæ libertatis--fins against the conftitution." In the firft cafe, the injury is prefumed to extend no further than to one or a few individuals; in the fecond, it is charged as a fin against the public, against the collective body of the whole people. Of the latter kind are nuisances that may endanger the lives of travellers on the highway; but, more capitally, any imagination, proved by overt act or evil advice, tending to change the nature or form of any one of the three eftates; or tending to veft the government, or the adminiftration thereof, in any one, or any two of the faid eftates, independent of the

other;

other; or tending to raife ftanding armies, or to continue them in time of peace without the confent of parliament; or tending to give any foreign ftate an advantage over thefe realms by fea or by land, &c.

The king hath also annexed to his dignity many further very important powers and prerogatives; though they do not fo intimately interfere with the conftitution, as the capital prerogatives above recited.

He is firft confidered as the original proprietor of all the lands in thefe kingdoms; and he founds this claim, as well on the conqueft by William the Norman, as by the limited kings or leaders of our Gothic ancestors.

Hence it comes to pass that all lands, to which no fubject can prove a title, are fuppofed to be in their original owner; and are therefore, by the conftitution, vested in the crown. On the fame principle, alfo, the king is intitled to the lands of all perfons who die without heirs; as allo to the poffeffions of all who are convicted of crimes fubverfive of the conftitution or public-weal.

His perfon, while he is king or inclufive of the first eftate, is conftitutionally facred, and exempted from all acts of violence or constraint. As one of the cftates, alio, he

is

is conftituted a corporation, and his TefteMeipfo, or written teftimony, amounts to a matter of record. He also exercises, at prefent, the independent province of fupplying members to the second eftate, by a new creation; a very large acceffion to his original powers. Bishops also are now appointed and nominated by the king, another confiderable addition to the royal prerogative. His is the fole prerogative to coin or impress money, and to specify, change, or determine the current value thereof; and for this purpose he is fuppofed to have reserved, from this original grants of lands, a property in mines of gold and filver, which are therefore called royalties.

As he is one of the three constitutional eftates, no action can lie against him in any court; neither can he be barred of his title by length of time or entry. And thefe illuftrations of his dignity caft rays of anfwerable privileges on his royal confort, heir-apparent, and eldest daugh

ter.

The king hath alfo fome other inferior and conditional powers, fuch as of initituting fairs and markets; and of ifluing patents for special or perfonal purposes provided they fhall not be found to intringe on the rights of others. He is alio enVOL. III.

Y

trufted