Succession set tied upon the union with Scotland. 5 Ann. c. 8. Eng. descend and come uuto his majesty king Charles II. Which act followed the 12 Car. 2. c. 12. Eng. By the 4 W. & M. c. 1. Ir. this kingdom was also declared to be annexed and united to the imperial crown of England, and by the laws and statutes of this kingdom, justly and rightfully depending upon, and belonging and for ever united to the same; and this act accordingly recognizes the right and title of king William and queen Mary, as king and queen of England, to the kingdom of Ireland. And the 2 Ann. c. 5. Ir. recites and adopts the 1W.& M. st. 2. c. 2. Eng. by which the succession of the crown was limited to the issue of queen Mary, the princess Anne of Denmark, (afterwards queen Anne,) and of king William, successively; and further recites the Act of Settlement, 12 & 13 W. 3. c. 2. Eng. by which the imperial crown of England, France, and Ireland, was limited, after the decease of king William, and of the princess Anne of Denmark, without issue respectively, to the princess Sophia, (electress and duchess dowager of Hanover, daughter of Elizabeth queen of Bohemia, who was the daughter of king James the first,) and the heirs of her body, being protestants. The last act of recognition of the title of the king by the parliament of Ireland, is the 2 Geo. 1. c. 2. Ir. which declared that the kingdom of Ireland was rightfully and lawfully invested in his najesty king George, and that immediately upon the decease of queen Anne, he was, and of right ought to be, king of Great Britain, Ireland, and France, and the dominions and territories thereunto belonging. Upon the union with Scotland, the 2d article of the act of union, 5 Ann. c. 8. Eng. declared, that the succession of the monarchy of the united kingdom of Great Britain, and of the dominions thereunto belonging, should remain and continue to the princess Sophia, and the heirs of her body, being protestants, according to the limitations and provisions of the 12 & 13 W. 3. c. 2. Eng, and 1 W. & M. st. 2. c. 2. Eng. And upon the union of Great Britain 40 Gen.3.c.38. and Ireland, it was also provided by the 2d article of the 40 Geo. 3. c. 38. Ir. and 40 Geo. 3. c. 67. Eng. that the succession to the imperial crown of the united kingdom, Ir. 40 Gov.5.c.67. Eng. shall led shall continue limited and settled, in the same manner as the succession to the imperial crown of the kingdom of Great Britain and Ireland how stands limited and settled, according to the existing laws and to the terms of union between England and Scotland. And the Succession limifirst article is to be here stated, which provides, that the upon una kingdoms of great Britain and Ireland shall be united into one kingdom, by the name of “ the united kingdom of Great Britain and Ireland," and that the royal stile and titles appertaining to the imperial crown of the said united kingdom, and its dependencies, and also the ensigns, armorial flags, and banners thereof, shall be such as his majesty, by his royal proclamation under the great seal of the united kingdom, shall be pleased to appoint. It is one of the provisions of the Bill of Rights, 1 W. & M. st. 2. c. 2. Eng. that every person that i w.& M.st.2. shall be reconciled to or hold communion with the see or church of Rome, or shall profess the popish religion, or Papists excluded from succeeding shall marry a papist, shall be excluded and for ever incapable to inherit, possess, or enjoy the crown and government of this realm, and Ireland, and the dominions thereunto belonging, or any part of the same, or to exercise any regal power within the same, and that in every such case the people shall be absolved of their allegiance, and the crown shall descend to such person, being protestant, as should have inherited the same, in case the person so reconciled, holding communion, or professing, or marrying, were naturally dead. c. 2. s. 9. Eng. to the throne. As to the inheritable quality of the crown, the 25 Edw. 3. Inheritable st. 2. E. & I. declares, that the law of England is, and quality of the crown. always hath been, that the children of the kings of Eng- 25 Edw. 3 st.2. land, in whatsoever parts they be born, in England or E. & L. elsewhere, ought to bear the inheritance after the death of their ancestors, which law, the king, the prelates, earls, and barons, and other great men, together with all the commons in parliament assembled, do approve and affirm for ever. The 13 Eliz. c. 1. Eng. which made it high treason during the life of the queen, and a misdemeanor afterwards, to deny the authority of parliament to limit and bind the crown, and the descent thereof e. 1. Eng. thereof, was of a temporary nature; But the 6 Ann. c. 7. Eng, which relates to this offence, will be stated in another place. And with respect to the succession 1 Mar. st. 3. of females to the crown, the I Mar. st. 3. c. 1. Eng. and 3 & 4 Ph. & M. c. 14. Ir. declare and enact, that the law of the realm is and ever hath been, that the kingly and royal office, and all prerogatives, &c. thereunto annexed, are as fully invested in females as in males, and that where by any law or statute, the king is to do any thing, or any punishment is limited for offenders against the king, the queen may in like manner do, have, or execute the same. 3 & 4 Ph& M. c. 14. Ir. Succession of females. Marriages of without consent CHAP. IV. Of the King's Royal Family. THE statute of treason, 25 Edw, 3. st. §. c. 2. E. & 1. the royal family is reserved for the fourth part of this digest; and the 31 restrained. Hen.8. c.10. Eng, which regulates the precedence of the 12 Geo. 3.c.11. royal family, as well as of other peers and great officers, in Eng. the high court of parliament, will be also found in another place. The only statute therefore which seems to be referable to this head, is the 12 Geo. 3. c.41. Eng. which enacts, that no descendant of the body of king George II. male or female, (other than the issue of princesses who have married or may hereafter marry into foreign families) shall be capable of contracting matrimony without the previous consent of the king, signified under the great seal, and declared in council, (which consent is hereby directed to be set out in the license and register of marriage, and to be entered in the books of the privy council,) and that * The 5 Geo. 3. c. 27. Eng, which provided for the administration of the government in case the crown should descend to any of the children of his majesty, being under the age of 18 years, and for the care and guardianship of their persons, is superseded by the event of their having all attained their full age. Ch. V. Of the Councils belonging to the King. s. 2. 153 that every marriage, or matrimonial contract, of any such descendant, without such consent first had, shall be null and void. But by s. 2. any such descendant being above the age of 25 years, who shall persist in his or her Exception as to resolution to contract a marriage disapproved of by the those above 23 king, may, upon giving notice to the privy council, years old. after 12 calendar months from such notice, contract such marriage, which may be accordingly solemnized without the previous consent of the crown, unless both houses of parliament shall, before the expiration of the 12 months, declare their disapprobation of such intended marriage. And by s. 3. any person who shall knowingly or wilfully solemnize, or assist or be present at the celebration of any marriage with any such descendant, or at the making any matrimonial contract without such consent as aforesaid, shall incur the penalties of the statute of provision and of præmunire, 16 Ric. 2. c. 5. No Irish statute provides for such offences, 8. 3. Penalty of solemnizing, &c. such prohibited marriages. CHAP. V. Of the Councils belonging to the King: Aliens not to be council. As to the qualification of members to sit at the privy Council belongcouncil (which is the principal council' belonging to the ing to the King. king), the clause of the Act of Settlement, 12 & 13 W. 3. 12 & 13 W. 3. c.2. Eng. which respects aliens, and amongst the other dis- c. 2. Eng. abilities which it creates, incapacitates them, although of the privy naturalized or made denizens, from being of the privy council, will be particularly stated in another place; and with respect to the privileges of privy counsellors, those statutes are also reserved for future consideration, which protect them from assaults, and against attempts and conspiracies to destroy their lives. As to the dissolution of the privy council, the 6 Ann. c. 7. s. 8. Eng. provides 6 Ann. c. 7. s. that the privy council shall not be determined or be dis- Eng. solved by the death or demise of the king, but such privy Privy council not council shall continue and act as such for six months after death of hing. such demise, unless sooner determined by the next suc cessor. dissolved by cessor. No Irish act contains any corresponding provision in respect to the privy council of Ireland; but this statute of Anne may perhaps have been in the contemplation of the Irish legislature, when by the 21 & 22 Geo. 21 & 22 Geo. 3. 3. c. 48. s. 3. Ir. it was enacted, that all such statutes made in England as related to the continuance of offices, civil c. 48. s. 3. Ir. or military, in case of the demise of the king, should be accepted used and executed in Ireland according to their 40 Geo. 3.c. 38. tenor. It is a provision of the 8th article of the act of 40 Geo. 3. c. 67. union, that his majesty may continue the privy council of Ireland as long as he shall think fit. Ir. Eng. CHAP. VI. Of the King's Duties. The king's duties THE duties of the British monarch to his people, viz. of governing according to law, of executing judgment in mercy, and of maintaining the established religion, are expressly declared by the coronation oath estab1 W.&.M. st.1. lished by the 1 W. & M. st. 1. c. 6. Eng. which is conceived in the following words, viz. :-" The archbishop or bishop' Coronation oath.“ shall say, Will you solemnly promise and swear to c. 6. Eng. govern the people of this kingdom of England and "the dominions thereunto belonging, according to the "statutes in parliament agreed on, and the laws and "customs of the same?-The king or queen shall say, "I solemnly promise so to do.—Archbishop or bishop, "Will you to your power cause law and justice in mercy to be executed in all your judgments?-King "or queen, I will.-Archbishop or bishop, Will you, to "the utmost of your power, maintain the laws of God, "the true profession of the gospel and the protestant "reformed religion established by law? and will you 66 preserve unto the bishops and clergy of this realm, " and the churches committed to their charge, all such rights and privileges as by law do or shall appertain "unto them?-King or queen, All this I promise to do. After this the king or queen, laying his or her hand upon "the |