TREASON.
The heir-apparent to the crown is usu ally made Prince of Wales and Earl of Chester, by special creation and investi ture but being the king's eldest son, lie is, by inheritance, Duke of Cornwall, with out any new creation.
The observations in Coke's Reports, however, as well as the words of the sta tute, it has been remarked, limit the dukedom of Cornwall to the first begotten (rather first born) son of a king of Eng land, and to him only. But although from this it is manifest that a Duke of Cornwall must be the first begotten son of a king, yet it is not necessary that he should be born after his father's accession to the throne. The younger sons and daughters of the king, and other branches of the royal family, were little regarded by the ancient law, except with regard to their state and precedence, which was direct ed by statute 31 Henry VIII. c. 10; and it was agreed by all the judges, in 1718, that the care and approbation of the marriages of the king's grand-children, as well as of the.presumptive heir to the crown, belonged to the king, their grand father. And now, by statute George III. e. 11, no descendant of the body of king George II. (other than the issue of prin cesses married into foreign countries) is capable of contracting matrimony, with out the previous consent of the king, sig nified under the Great Seal ; and any marriage contracted without such con sent, is void, (a marriage accordingly, which had, in fact, taken place abroad, against the provisions of this act, between one of the sons of George III. and an Eng lish lady, was dissolved in 1794, by sen tence of the Ecclesiastical Court here) but it is provided by the act, that such of the said descendants as are above the age of twenty-five, may, after a twelve month's notice given to the King's Privy Council, contract and solemnize marriage without the consent of the crown, unless both Houses of Parliament shall, before the expiration of the said year, expressly de clare their disapprobation of such intend ed marriage. All persons solemnizing, assisting, or being present at any such prohibited marriage, shall incur the pe nalties of przemunire.
To assist the king in the discharge of his duties and maintenance of his dignity, and exercise of his prerogative, lie has.se veral councils, as the PARLIAMENT, his PEERS, and his Pnar Cou.aien, which see.
For law matter the judges are his coun cil, as appears by statute 14 Edward c. 5, and elsewhere ; and therefore, when the King's Council is mentioned, it must be understood secundum subjectam mate riam, as where a statute enacts a fine at the king's pleasure, it means the discre tion of his judges.
It is in consideration of the duties in cumbent on the king by the constitution, that his dignity and prerogative are esta blished by the laws of the land ; it being a maxim in the law, that protection and subjection are reciprocal. And these re ciprocal duties are most probably what was meant by the convention parliament in 1688, when they declared that king James H. had broken the original contract between king and people. But, however, as the terms of that original contract were in some measure disputed, being alleged to exist principally in theory, and to be only deducible by reason and the rules of natural law ; in which deduction, dif ferent understandings might very consi derably differ ; it was, after the revolu tion, judged proper to declare these du ties expressly, and to reduce that contract to a plain certainty. So that whatever doubts might he formerly raised about the existence of such an original contract, they must now entirely cease ; especially with regard to every prince who hath reigned since the year 1688.
The principal duty of the king is, to go Vern his people according to law. Anti this is not only consonant to the principles of nature, reason, liberty,tnd society, but has always been esteemed an express pa r1 of the common law of England, ever when prerogative was at the highest. But to obviate all doubts and difficulties concerning this matter, it is expressly de. dared, by statute 12 and 13 William III. c. 2, That the laws of England are the birth-right of the people thereof; and all the kings and queens who shall ascend the throne of this realm, ought to admi nister the government of the same accord ing to the said laws ; and all their officers and ministers ought to serve them respec tively, according to the same ; and, there fore, all the laws and statutes of this realm for securing the established religion, and the rights and liberties of the people thereof, and all other laws and statutes of the same, now in force, are ratified and confirmed accordingly. Sec LIBERTIES.
As to the terms of the original contract between king and people, these it seems are now couched in the coronation oath, which, by statute 1 William and Mary, c. 6, is to be administered to every king and queen, who shall succeed to the im perial crown of these realms, by one of the archbishops or bishops in the presence of all the people ; who, on their parts, do reciprocally take the oath of allegiance to the crown.
As to the king's prerogatives, revenues, civil list, and authority, see the title PRE