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The terms of the original contract between the king and people are couched in the coronation oath; which is to be administered to every kind and queen, who shall succeed to the crown of these realms, in the presence of all the people ; who, on their parts, do reciprocally take the oath of allegiance to the crown. This splendid ceremony is, in magnificence, equal to its importance, and superior to any other. The oath is as follows.
Archbishop or Bishop. Will you solemnly promise and swear to govern the people of this kingdom of England, and the dominions thereunto belonging, according to the statutes of parliament agreed on, and the laws and customs of the same?
King or Queen. I solemnly promise so to do.
Archbishop or Bishop. Will you to your power cause law and justice, in mercy, to be executed is all your judgements ?
King or Queen. I will.
Archbishop or Bishop. Will you, to the utmost of your power, maintain the laws of God, the true profession of the Gospel, and the Protestant reformed religion established by law ? And will you presene unto the bishops and clergy of this realm, and to the churches committed to their charge, all such rights and privileges as by law do or shall appertain unto them, or any of them?
King or Queen. All this I promue to do. After this the king or queen, laying his or her hand upon the holy Gospels, says, «The things which I have here before promised I will perform and keep : so help me, God.„ And then kisses the book.
There are many religious ceremonies attending the coronation : one of which is, the anointing with oil, a very ancient custom, of which Thomas à Becket has remarked
“ Kings are anointed with oil on the head, breast, and arms; the first to signify their glory; the next, their sanctity ; and the last, their power."
The king is crowned with an imperial crown, which is put on his head by the Archbishop of Canterbury, who claims the office as a prerogative of his See.The most universal ensign of royalty is the sceptre, with
which our sovereign is invested at his coronation, as a symbol of justice ; and also a ring, to signify faithfulness ; a bracelet, for good works ; and a sword, for vengeance. See these respective terms in the Glossary.
The above is the form of the coronation oath, as it is. now prescribed by our law, which is indisputably a fundamental and express contract; though, doubtless, the duty of protection is impliedly as much ineumbent on the sovereign before coronation as after; in the same manner as allegiance to the king becomes the duty of the subject, immediately on the descent of the crown, before be has taken the oath of allegiance, or whether he ever took it at all. And here we might observe, that the oath expresses ail the duties which a monarch can owe to his people, viz, to govern according to law ; to execute justice in mercy ; and to maintain the established religion. And, with respect to the latter of these three branches, we may further remark, that, by the Act of Union, 5th Anne, c. 8, two preceding statutes are recited and confirmed ; the one in the parliament of Scotland, and the other is the parliament of England ; which enact, the former, that every king, at his accession, shall take and subscribe an oath, to preserve the protestant religion, and presbyterian church government, in Scotlaad ; the latter, that, at his coronation, he shal take and subscribe a similar oath, to preserve the settlement of the church of Englaid, within England, Ireland, Wales, and Berwick, and the territories thereunto belonging. In order to assist the king in the discharge of his duties, the maintenance of his dignity, and the execution of his prerogative, the law hath assigned him a diversity of councils to advise with. These are, bis parIiment, his peers, his privy council, and the judges. That the king may be enabled to maintain the executive government in due independence and vigour, and to discharge, with honour to himself, and benefit to his subjects, the duties of his high station, the constitution and laws have invested him with a variety of prerogatives. And here we may make this preliminary observation, that there cannot be a stronger proof of that genuine freedom which is the boast of this age and country, than the power of discussing and examining, with decency and respect, the limits of the king's prerogative. This was formerly considered as a high contempt in a subject ; even the glorious Queen Elizabeth herself directed her parliarnent to abstain from judging of ber prerogative, or meddling therewith. The nature of our constitution is, that of a limited monarchy, in which the legislative power is lodged in the king, lords, and commons; but the king is intrusted with the executive part, and from him all justice is said to flow: hence, he is styled the head of the commowealth,supreme governor, parens patriae, &c. But still he is to make the law of the land the rule of his governmeat ; that being the measure, as well of his power, as of the subject's obedience; for as the law asserts, maintains, and provides for, the safety of the king's royal person, crown, and dignity, and all his just rights, revenues, powers, and prerogatives ; so it likewise declares and asserts the rights and liberties of the subject. Hence, it hath been established as a rule, that all prerogatives must be for the advantage of the people ; otherwise, they ought not to be allowed by law. Although the king is the fountain of justice, and intrusted with the whole executive power of the law ; yet he hath no power to alter the laws which have been established, and are the birthright of every subject; for by those very laws he is to govern ; and as they prescnbe the extent and bounds of his prerogative, so, in like manner, they declare and ascertain the rights and liberties of the people ; and, therefore, admit of no innovation or change, but by act of parliament.
By the word prerogative is understood, that special preeminence which the king hath over and above all other persons, and out of the ordinary course of common haw, in right of bis royal dignity ; such as, no costs shall be recoveied against the king; that be can never be a joint-tenant; that his debt shall be preferred to that of a subject ; that when the title of the king and that of a common person concur, the king's title shall be preferred. No distress can be made upon the king's possession ; but be may distrain out of his fee in other lands, &c, and may take distresses in the highway. An hier shall pay the king's debt, though he be not named in the bond ; and the king's debt shall be satisfied before that of a subject, foi which there is a prerogativewrit. But this is where the debt is in equal degree with that of the subject. Goode and chattels may go in euccession to the king, though they may not to any other sole corporation. le the hands of whomsoever the goods of the king come, their lands are chargeable, and may be seized for the same ; and the king is not bound by sale of his goods in open market. No entry will bar the king; and no judgment is final against him, but with a salvo jure regis. The king may plead several matters, without being guilty of double pleading; and the party ehall answer them all. In his pleadiag, he need not plead an act of parliament, as a subject is bound to du. He is not bound to join in demurrer on evidence, and the court may direct the jury to find the matter specially. The king's own testimony of say thing done in his presence, is of as high a nature and credit as any record ; whence, in all original writs or precepts, he useth no other witness than himself. Dsbts due to the king are always to be satisfied in the first place, in case of executorship, &c. ; and till his debt be discharged, he may protect the creditor from the arrests of others. He may distrain for the whole debt on a tenant that holds but a part of the land ; may sue in what court he pleases, and distrain where he lists. In all cases where the king is plaintiff, bis officers may eater with an arrest ; and, if entrance be denied, break open a house, and seize the party ; though, in other cases, a man's house is his castle, and has a privilege to protect him against all arrests. Moreope,, no costa shall be recovered against the king ; and the king can remove a joint-teeaot. It is also held, that the king is, by his prerogative, universal occupant, as all property is presuthed to have been originally in the crown ; and that he partitioned it out, in large districts, to the great men who deserved well
of him in the wars, and were able to advise him in time of peace. Hence, the king hath the direct dominion; and all lands are holden, mediately or immediately, from the crown. The law ascribes to the king, the attribute of sovereignity, or preeminence. He is said to have imperial dignity; and, in charters before the Conquest, is frequently styled Basileus, and Imperator ; the titles respectively assumed by the emperors of the east and west. His realm is declared to be an empire, and bis crown imperial, by many acts of parliament ; which, at the same time, declare the king to be the supreme head of the realm,- in matters both civilald ecclesiastical ; and, of consequence, inferior to no man upon earth, dependent on no man, accountable to no man. No king of England used any seal of arms, till tthe reign of Richard I. Before that time, the seal was, the king sitting in a chair of state on one side, and on horseback on the
The terms of the original contract between the king and people are couched in the coronation oath; which is to be administered to every kind and queen, who shall succeed to the crown of these realms, in the presence of all the people ; who, on their parts, do reciprocally take the oath of allegiance to the crown. This splendid ceremony is, in magnificence, equal to its importance, and superior to any other. The oath is as follows.
Archbishop or Bishop. Will you solemnly promise and swear to govern the people of this kingdom of England, and the dominions thereunto belonging, according to the statutes of parliament agreed on, and the laws and customs of the same?
King or Queen. I solemnly promise so to do.
Archbishop or Bishop. Will you to your power cause law and justice, in mercy, to be executed is all your judgements ?
King or Queen. I will.
Archbishop or Bishop. Will you, to the utmost of your power, maintain the laws of God, the true profession of the Gospel, and the Protestant reformed religion established by law ? And will you presene unto the bishops and clergy of this realm, and to the churches committed to their charge, all such rights and privileges as by law do or shall appertain unto them, or any of them?
King or Queen. All this I promue to do. After this the king or queen, laying his or her hand upon the holy Gospels, says, «The things which I have here before promised I will perform and keep : so help me, God.„ And then kisses the book.
There are many religious ceremonies attending the coronation : one of which is, the anointing with oil, a very ancient custom, of which Thomas à Becket has remarked
“ Kings are anointed with oil on the head, breast, and arms; the first to signify their glory; the next, their sanctity ; and the last, their power."
The king is crowned with an imperial crown, which is put on his head by the Archbishop of Canterbury, who claims the office as a prerogative of his See.The most universal ensign of royalty is the sceptre, with
which our sovereign is invested at his coronation, as a symbol of justice ; and also a ring, to signify faithfulness ; a bracelet, for good works ; and a sword, for vengeance. See these respective terms in the Glossary.
The above is the form of the coronation oath, as it is. now prescribed by our law, which is indisputably a fundamental and express contract; though, doubtless, the duty of protection is impliedly as much ineumbent on the sovereign before coronation as after; in the same manner as allegiance to the king becomes the duty of the subject, immediately on the descent of the crown, before be has taken the oath of allegiance, or whether he ever took it at all. And here we might observe, that the oath expresses ail the duties which a monarch can owe to his people, viz, to govern according to law ; to execute justice in mercy ; and to maintain the established religion. And, with respect to the latter of these three branches, we may further remark, that, by the Act of Union, 5th Anne, c. 8, two preceding statutes are recited and confirmed ; the one in the parliament of Scotland, and the other is the parliament of England ; which enact, the former, that every king, at his accession, shall take and subscribe an oath, to preserve the protestant religion, and presbyterian church government, in Scotlaad ; the latter, that, at his coronation, he shal take and subscribe a similar oath, to preserve the settlement of the church of Englaid, within England, Ireland, Wales, and Berwick, and the territories thereunto belonging. In order to assist the king in the discharge of his duties, the maintenance of his dignity, and the execution of his prerogative, the law hath assigned him a diversity of councils to advise with. These are, bis parIiment, his peers, his privy council, and the judges. That the king may be enabled to maintain the executive government in due independence and vigour, and to discharge, with honour to himself, and benefit to his subjects, the duties of his high station, the constitution and laws have invested him with a variety of prerogatives. And here we may make this preliminary observation, that there cannot be a stronger proof of that genuine freedom which is the boast of this age and country, than the power of discussing and examining, with decency and respect, the limits of the king's prerogative. This was formerly considered as a high contempt in a subject ; even the glorious Queen Elizabeth herself directed her parliarnent to abstain from judging of ber prerogative, or meddling therewith. The nature of our constitution is, that of a limited monarchy, in which the legislative power is lodged in the king, lords, and commons; but the king is intrusted with the executive part, and from him all justice is said to flow: hence, he is styled the head of the commowealth,supreme governor, parens patriae, &c. But still he is to make the law of the land the rule of his governmeat ; that being the measure, as well of his power, as of the subject's obedience; for as the law asserts, maintains, and provides for, the safety of the king's royal person, crown, and dignity, and all his just rights, revenues, powers, and prerogatives ; so it likewise declares and asserts the rights and liberties of the subject. Hence, it hath been established as a rule, that all prerogatives must be for the advantage of the people ; otherwise, they ought not to be allowed by law. Although the king is the fountain of justice, and intrusted with the whole executive power of the law ; yet he hath no power to alter the laws which have been established, and are the birthright of every subject; for by those very laws he is to govern ; and as they prescnbe the extent and bounds of his prerogative, so, in like manner, they declare and ascertain the rights and liberties of the people ; and, therefore, admit of no innovation or change, but by act of parliament.
By the word prerogative is understood, that special preeminence which the king hath over and above all other persons, and out of the ordinary course of common haw, in right of bis royal dignity ; such as, no costs shall be recoveied against the king; that be can never be a joint-tenant; that his debt shall be preferred to that of a subject ; that when the title of the king and that of a common person concur, the king's title shall be preferred. No distress can be made upon the king's possession ; but be may distrain out of his fee in other lands, &c, and may take distresses in the highway. An hier shall pay the king's debt, though he be not named in the bond ; and the king's debt shall be satisfied before that of a subject, foi which there is a prerogativewrit. But this is where the debt is in equal degree with that of the subject. Goode and chattels may go in euccession to the king, though they may not to any other sole corporation. le the hands of whomsoever the goods of the king come, their lands are chargeable, and may be seized for the same ; and the king is not bound by sale of his goods in open market. No entry will bar the king; and no judgment is final against him, but with a salvo jure regis. The king may plead several matters, without being guilty of double pleading; and the party ehall answer them all. In his pleadiag, he need not plead an act of parliament, as a subject is bound to du. He is not bound to join in demurrer on evidence, and the court may direct the jury to find the matter specially. The king's own testimony of say thing done in his presence, is of as high a nature and credit as any record ; whence, in all original writs or precepts, he useth no other witness than himself. Dsbts due to the king are always to be satisfied in the first place, in case of executorship, &c. ; and till his debt be discharged, he may protect the creditor from the arrests of others. He may distrain for the whole debt on a tenant that holds but a part of the land ; may sue in what court he pleases, and distrain where he lists. In all cases where the king is plaintiff, bis officers may eater with an arrest ; and, if entrance be denied, break open a house, and seize the party ; though, in other cases, a man's house is his castle, and has a privilege to protect him against all arrests. Moreope,, no costa shall be recovered against the king ; and the king can remove a joint-teeaot. It is also held, that the king is, by his prerogative, universal occupant, as all property is presuthed to have been originally in the crown ; and that he partitioned it out, in large districts, to the great men who deserved well
of him in the wars, and were able to advise him in time of peace. Hence, the king hath the direct dominion; and all lands are holden, mediately or immediately, from the crown. The law ascribes to the king, the attribute of sovereignity, or preeminence. He is said to have imperial dignity; and, in charters before the Conquest, is frequently styled Basileus, and Imperator ; the titles respectively assumed by the emperors of the east and west. His realm is declared to be an empire, and bis crown imperial, by many acts of parliament ; which, at the same time, declare the king to be the supreme head of the realm,- in matters both civilald ecclesiastical ; and, of consequence, inferior to no man upon earth, dependent on no man, accountable to no man. No king of England used any seal of arms, till tthe reign of Richard I. Before that time, the seal was, the king sitting in a chair of state on one side, and on horseback on the