language to declare his intentions to his Parliament. This cuftom was introduced at the Conqueft, and has been continued, like other matters of form, which fometimes fubfift for ages after the real fubftance of things has been altered and Judge Blackftone expreffes himself on this fubject in the following words: "A badge, "it must be owned (now the only one remain

ing), of Conqueft; and which one would wifh "to fee fall into total oblivion, unless it be re"ferved as a folemn memento to remind us that "our liberties are mortal, having once been de"ftroyed by a foreign force."

When the King has declared his different intentions, he prorogues the Parliament. Those Bills which he has rejected, remain without force thofe to which he has affented, become the expreffion of the will of the highest power acknowledged in England: they have the fame binding force as the Edits enregistrés have

*William the Conqueror added to the other changes he introduced, the abolition of the English language in all public, as well as judicial transactions, and substituted to it the French that was spoken in his time: hence the number of old French words that are met with in the style of the English laws. It was only under Edward III. that the English language began to be re-established in the Courts of Juftice.

in France*, and as the Populifcita had in ancient Rome: in a word, they are Laws. And though each of the conftituent parts of the Parliament might, at first, have prevented the existence of thofe laws, the united will of all the Three is now neceffary to repeal them.

*They call, in France, Edits enregistrés, thofe Edicts of the King which have been registered in the Court of Parlia ment. The word Parliament does not, however, express in France, as it does in England, the Affembly of the Eftates of the Kingdom. The French Parlemens are only Courts of Juftice: that of Paris was inftituted in the fame manner, and for the fame purposes, as the Aula Regis was afterwards in England, viz. for the administration of public Juftice, and for deciding the differences between the King and his Barons: it was in confequence of the Judgments awarded by that Court, that the King proceeded to feize the dominions of thofe Lords or Princes against whom a fentence had been passed, and when he was able to affect this, united them to the Crown. The Parliament of Paris, as do the other Courts of Law, grounds its judgments upon the Edicts or Ordonnances of the King, when it has once registered them. When thofe Ordonnances are looked upon as grievous to the Subject, the Parliament refuses to regis ter them; but this they do not from any pretenfion they have to a share in the Legiflative authority; they only object that they are not fatisfied that the Ordonnance before them is really the will of the King, and then proceed to make remonstrances against it: fometimes the King defers to thefe; or, if he is refolved to put an end to all oppofition, he comes in perfon to the Parliament, there holds what they call un Lit de fuftice, declares that the Ordonnance before them is actually his will, and orders the proper Officer to register it.

CHAP. V.

Of the Executive Power.

WHEN the Parliament is prorogued or diffolved, it ceases to exift; but its laws still

continue to be in force: the King remains charged with the execution of them, and is supplied with the neceffary power for that purpofe.

It is however to be observed that, though in his political capacity of one of the conftituent parts of the Parliament, that is, with regard to the share allotted to him in the legislative authority, the King is undoubtedly Sovereign, and only needs allege his will when he gives or refuses his affent to the bills prefented to him; yet, in the exercise of his powers of Government, he is no more than a Magiftrate; and the laws, whether those that exifted before him, or thofe to which, by his affent, he has given being, must direct his conduct, and bind him equally with his subjects.

The first prerogative of the King, in his capacity of Supreme Magiftrate, has for its object the adminiftration of Juftice,

1o. He

1o. He is the fource of all judicial power in the State: he is the Chief of all the Courts of Law, and the Judges are only his Substitutes; every thing is transacted in his name; the Judgments must be with his Seal, and are executed by his Officers.

2o. By a fiction of the law, he is looked upon as the univerfal proprietor of the kingdom; he is in confequence deemed directly concerned in all offences; and for that reason, profecutions are to be carried on in his name in the Courts of Law.

3°. He can pardon offences, that is, remit the punishment that has been awarded in consequence of his profecution.

II. The fecond prerogative of the King is, to be the fountain of honour, that is, the distributor of titles and dignities: he creates the Peers of the realm, as well as bestows the different degrees of inferior Nobility. He moreover difpofes of the different offices, either in the Courts of Law, or elsewhere.

III. The King is the fuperintendent of Commerce; he has the prerogative of regulating weights and measures; he alone can coin money, and can give a currency to foreign coin.

IV. He is the Supreme Head of the Church. In this capacity he appoints the Bishops, and

the two Archbishops; and he alone can convene the Affembly of the Clergy. This Affembly is formed, in England, on the model of the Parliament: the Bishops form the upper House: Deputies from the Diocefes, and from the feveral Chapters, form the lower. Houfe: the affent of the King is likewife neceffary to the validity of their 'Acts, or Canons; and the King can prorogue, or diffolve, the Convocation.

V. He is, in right of his Crown, the Generaliffimo of all fea or land forces whatever; he alone can levy troops, equip fleets, build fortreffes, and fill all the pofts in them.

VI. He is, with regard to foreign Nations, the representative and the depofitary of all the power and collective majefty of the Nation: he fends and receives ambaffadors; he contracts alliances; and has the prerogative of declaring war, and of making peace, on whatever conditions he thinks proper.

VII. In fine, what feems to carry so many powers to the height, is, its being a fundamental maxim, that THE KING CAN DO NO WRONG: which does not fignify, however, that the King has not the power of doing ill, or, as it was pretended by certain perfons in former times, that every thing he did was lawful; but only that he is above the reach of all Courts of

law