WILLIAM EDWARD HEARN, LL.D.

PROFESSOR OF HISTORY AND POLITICAL ECONOMY IN THE

UNIVERSITY OF MELBOURNE.

LONDON:

LONGMANS, GREEN, READER, AND DYER;

MELBOURNE: GEORGE ROBERTSON

MDCCCLXVII.

TILDEN LIBRARY

1895

CONTENTS.

INTRODUCTION

CHAPTER I. The Kingship of England.

§ 1. The form of the Constitution is a limited monarchy

2. The King is a true monarch and not an executive officer

3. The monarchy is limited by the substitution of the official will

of the King for his personal will -

4. Meaning of the maxim" the King can do no wrong

5. Legal analogies to the specific expression of the Royal will -

6. The contest of Parliament with the Stuart Kings arose from the

confusion between the King's personal and his official will

7. The same principle was the ground of the distinction between the

Whig and the Tory parties

8. The Constitution is governed by the law of Evolution-

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CHAPTER II. The Legal Expression of the Royal Will in

Legislation.

§ 1. Affection of our ancestors for the Common Law

2. Supposed power of the Crown to make by proclamation new

statutes

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3. Supposed power of the Crown to suspend or dispense with existing

statutes

4. Supposed inalterability of the Common Law by statute

5. The power of legislation still rests with the King, not alone but

in Parliament

6. Legislation in Council

7. Legislation on Petition

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8. Legislation by Bill -

9. Deliberations of Parliament apart from the King

10. Why the Royal fiat is now never withheld

CHAPTER III. The Legal Expression of the Royal Will in

Judicature.

§ 1. The King is the fountain of justice

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65

2. The Prerogative of justice was formerly exerciseable by the King

in person

4. The judges are those only who are known to the law

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5. Legal securities for the due exercise of the judicial office

6. The tenure of the judicial office

7. The supremacy of the law

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