KING. 
j'uppofe ; being incapable of diftrufting thofe whom it has 
inverted with any part of the fupreme power; fince inch 
diftruft* would render the exercife of that power precarious 
and impracticable. For, wherever the law expreffes its 
diftrult or abufe of power, it always veils a fuperior coer¬ 
cive authority in folne other hand to correCt it; the very 
notion of which deftroys the idea of Sovereignty. If there¬ 
fore (for example) the two houfes of parliament, or either 
of them, had avowedly a right to animadvert on the king, 
or each other, or if the king had a right to animadvert on 
either of the houfes, that branch of the legiflature, fo fub- 
jeCt to animadyerfion, would inftantly ceafe to be part of 
the fupreme power; the balance of the conftitution would 
be overturned; and that branch or branches, in which 
this jurisdiction refided, would be completely fovereign. 
The fuppofition of law therefore is, that neither the king 
nor either houfe of parliament (collectively taken) is ca¬ 
pable of doing any wrong; fince in fuch cafes tl|e law 
feels itfelf incapable of furnifliing any adequate remedy. 
For which-reafon, all opprelfions, which may happen to 
Spring from any branch of the fovereign power,-muft ne- 
ceffarily be out of the reach of any Stated rule or exprefs 
legal provifion; but, if ever they unfortunately happen, 
the prudence of the times muft provide new remedies upon 
new emergencies. 
Indeed, it is found by experience, that, whenever the 
nnconftitutional opprefiions, even of the fovereign power, 
advance with gigantic itrides, and threaten deiolation to 
s Slate, mankind will not he reafoned out of the feelings 
of humanity, nor will Sacrifice their liberty by a Scrupu¬ 
lous adherence to thofe political maxims which were ori¬ 
ginally eftablifned to preferve it. And therefore, though 
the positive laws are Silent, experience furnifhes us with a 
very remarkable cafe, wherein nature and reafon prevailed. 
When king James II. invaded the fundamental conftitu¬ 
tion of the realm, the convention-parliament declared an 
abdication, whereby the throne was confidered vacant, 
which induced a new fettlement of the crown. And fo 
far as this precedent leads, and no farther, we may now be 
allowed to lay down the law of redrels againft public op- 
preftion. If therefore any future prince fliould endeavour 
to fubvert the conftitution by breaking the original con¬ 
trail: between king and people, fliould violate the funda¬ 
mental laws, and lhould withdraw himfelf out of the king¬ 
dom, we are now authorized to declare that this conjunc¬ 
tion of circumftances would amount to an abdication, and 
the throne would be thereby vacant. In thefe, therefore, 
or other circumftances, which a fertile imagination may 
furnifh, Snce both law and hirtory are Slent, it becomes 
us to be Silent too ; leaving to future generations, when¬ 
ever neceflity and the lafety of the whole fhall require it, 
the exertion of thofe inherent (though latent) powers of 
Society, which no climate, no time, no conftitution, no 
contradl, can ever deftroy or diminifli. 
Befides the attribute of Sovereignty, the law alfo af- 
cribes to the king, in his political capacity, abfolute per¬ 
fection. The king can do no wrong. Which ancient and 
fundamental maxim is not to be underftood, as if every 
thing tranfaCted by the government was of courfe juft 
and lawful, but means only two things. Firlt, that what¬ 
ever is exceptionable in the conduft of public affairs is 
not to be imputed to the king, nor is he anfwerable for 
it perfonally to his people. And, Secondly, it means that 
the prerogative of the crown extends not to do any in¬ 
jury ; it is created for the benefit of the people, and there¬ 
fore cannot be exerted to their prejudice. Plowd. 487. Or 
perhaps it means that, although the king is fubjett to the 
pafiions and infirmities of other men, the conftitution has 
prefcribed no mode by which he can be made perfonally 
amenable for any wrong that he may actually commit. 
The law will therefore prefume no wrong, where it has 
provided no remedy. The inviolability of the king is ef- 
fentially neceffary to the free exercife of thofe high pre¬ 
rogatives, which are veiled in him, not for his own pri¬ 
vate Splendour and gratification, as the vulgar and igno- 
Vql. XI. No. 791, 
7 0 « 
rant are too apt to imagine, but for the Security and pre¬ 
servation of the real lvappinefs and liberty of his fubjefts. 
The king moreover is not only incapable of doing wrong, 
but even of thinking wrong; he can never mean to do an 
improper thing; in him is no folly or weaknefs. If there¬ 
fore the crown fliould be induced to grant any franchife 
or privilege to a Subject, contrary to reafon, or any way 
prejudicial to the commonwealth, or a private perlon, the 
law will not fuppofe the king to have meant either an un¬ 
wife or an injurious action ; but declares that the king 
was deceived in his grant ; and therefore fuch grant is ren¬ 
dered void, ilierely upon the foundation of fraud and de¬ 
ception, either by or upon thofe agents whom the crown 
has thought proper to employ. But a latitude of fup- 
pofing a poffihility of Some failure of this perfonal perfec¬ 
tion is allowed in the cafe of inquiries frequently insti¬ 
tuted by parliament, even as to thofe aCts of royalty which 
are molt properly and perfonally the king’s own; but 
which are to be conducted in thofe affemblies with the 
decency and refpeCt due to the kingly character. 
The law alfo determines that in the king can be no ne¬ 
gligence or laches , and therefore no delay will bar his 
right. Nullum tempus occurrit regi has been the {landing 
maxim upon all occafions: for the law intends that the 
king is always bufied for the public good, and therefore 
has not leifure to affert his right within the times limited 
to his fubjefts. Finch. L. 82. Co. Litt. 90. This maxim 
applies alfo to criminal profecutions which are brought in 
the name of the king ; and therefore by the common law 
there is limitation in treafons, felonies, or misdemeanors.' 
By flat. 7 Will. III. c. 7, an indictment for treafon, ex¬ 
cept for an attempt to affafiinate the king, muft be found 
within three years after the commiffion of the treasonable 
aCt. But, where the legiflature has affixed no limit, nullum 
tempus occurrit regi holds true ; thus a man may be con¬ 
victed of murder at any diltance of time within his life 
after the commiffion of the crime. This maxim obtains 
ft ill in full force in Ireland. 1 Ld. Mountm. 365. In civil 
actions relating to landed property, by ftat. 9 Geo. III. c. 
16, commonly called the Nullum-Tcmpus ACt, the king, 
like a fubjeCt, is limited to 60 years. For the occafion of 
paffing this aCt, fee Belfliam’s Memoirs of Geo. III. and 
ltats. 21 Jac. I. c. 2. 11 Geo. III. c. 4. 
In the king alfo can be no ftain or corruption of blood ; 
for if the heir to the crown were attained of treafon or fe¬ 
lony, and afterwards the crown fliould defcend to him, 
this would purge the attainder ipfo faBo. Finch. L. 82. 
Neither can the king, in judgment of law as king, ever 
be a minor, or under age ; and therefore his royal grants 
and affents to aCIs of parliament are good, though he has 
not in his natural capacity attained the age of 21. Co. Lit. 
43. 2 Injl. Proem 3. Indeed, by ftat. 28 Hen. VIII. c. 17. 
power was given to future kings to refcind and revoke all 
acts of parliament that fliould be made while they were 
under the age of 24; but this was repealed by ftat. 1 Edw, 
VI. c. 11, fo far as related to that prince ; and both fta- 
tutes are declared by 24 Geo. II. c. 24., to be determined. 
It hath alfo been ul’ually thought prudent, when the heir- 
apparent has been very young, to appoint a proteftor, 
guardian, or regent, for a limited time ; but the very ne¬ 
ceflity of luch extraordinary provifion is Sufficient to de- 
monftrate the truth of that maxim of the common law, 
that in the king is no minority ; and therefore he hath no 
legal guardian. The methods of appointing a guardian 
or regent in cafe of an infant-heir to the crown, have 
been fo various, and the duration of his power fo uncer¬ 
tain, that from hence alone it may be collefted that his 
office is unknown to the common law ; and therefore the 
furell way is to have him made by authority of the great 
council in parliament. 4 lvfi. 58. 
3. In the exercife of thofe branches of the royal prero¬ 
gative which invert this our fovereign lord, thus all perfedt 
and immortal in his kingly capacity, with a number of 
authorities and powers, confifts the executive part of the 
government. This is wilely placed in a Angle hand by 
9 A tile 
