« ZurückWeiter »
mutual; it is incumbent on the subject, desirous of knowing his own duties and rights, to ascertain the exact extent and limits of the duties and prerogatives of his Sovereign. Indeed so intimately, yet beautifully, are they interwoven, that in discussing the latter, the former must necessarily be considered.
That a treatise on this subject is important, both to the public and the profession, needs no comment. That system of jurisprudence on which the prerogative is founded, will be duly appreciated and valued by every one aware of its wisdom and merits; which will become more apparent, the more they are canvassed and investigated.
The Author of the following pages has attempted to present a comprehensive and connected, yet compressed and logical, view of every prerogative and corresponding right of the subject; but is conscious of the imperfect manner in which the attempt has been executed. If, however, imperfections admit of excuses, the kind, the candid, and the considerate, will find many for the first work on so difficult, so extensive, and so noble a subject. The materials were indiscriminately scattered, or superficially noticed in the law-books, from whence alone the author was able to obtain information. It was frequently necessary to resort to the most antient text-writers, and judicial determinations, and in using such, the idea of overlooking more recent, and, perhaps, dissimilar authorities, could not but add the anxiety of being incorrect, to the labor of discovering and selecting the
materials. Nor could the endeavour to form a correct analysis and methodical arrangement of a subject comprising so many considerations, be unattended by difficulties, or free from anxieties.
It seems unnecessary to state, that in the following pages every political disquisition has been avoided, as
wholly irrelevant and improper.
The Author is convinced, that every professional inquirer will, on perusing the 'Analysis,' immediately perceive, that many subjects of high practical utility, and several of daily occurrence in business, are introduced in various parts of the work. And it is hoped, the * Index,' on which the Author has bestowed great pains, will be found to render the work very easy of access.
Page Origin of Society ..... 1
Legislative and Executive Authorities . . 2
Principles of the Constitution as to the Royal Power 3
The King's Attributes or Political Power . . 4
His Prerogative in general . . .6
Boundaries and restraints . . . 7
Who, in legal contemplation, is entitled to exercise the
Prerogatives . . . . . 9
Sect. 1. Of the King's Right to Allegiance; from
whom due . . . .12
2. Of the Nature and Extent of Allegiance, and
of taking the Oaths of Allegiance . 15
3. Of such Rights of the King over the Per
sons of his Subjects, as more immediately
Where the Prerogatives are exerciseable; and herein of the Prerogative, as it respects the British Colonies . . . • . 25