KING, a monarch or potentate who rules singly and sovereignly over a people.—Camden derives the word from the Saxon cyning, which signifies the same; and that from can, "power," or ken, "knowledge," where-with every monarch is supposed to be invested. The Latin rex, the Scythian rex, the Punic resch, the Spanish rey, and French roy, come all, according to Pottel, from the Hebrew מלך, resch, "chief, head."
Kings were not known amongst the Israelites till the
King. the reign of Saul. Before him they were governed at first by elders as in Egypt; then by princes of God's appointment, as Moses and Joshua; then by judges till the time of Samuel; and last of all by kings. See JUDGES.
Most of the Grecian states were governed at first by kings, who were chosen by the people to decide differences and execute a power which was limited by laws. They commanded armies, presided over the worship of the gods, &c. This royalty was generally hereditary; but if the vices of the heir to the crown were odious to the people, or if the oracle had so commanded, he was cut off from the right of succession; yet the kings were supposed to hold their sovereignty by the appointment of Jupiter. The ensign of majesty was the sceptre, which was made of wood adorned with studs of gold, and ornamented at the top with some figure; commonly that of an eagle, as being the bird of Jove.
Rome also was governed at first by kings, who were elected by the people, with the approbation of the senate and concurrence of the augurs. Their power extended to religion, the revenues, the army, and the administration of justice. The monarchical form of government subsisted 244 years in Rome, under seven kings, the last of whom was Tarquinius Superbus. See ROME.
Among the Greeks the king of Persia had anciently the appellation of the great king; the king of France now has that of the most Christian king; and the king of Spain has that of Catholic king. The king of the Romans is a prince chosen by the emperor, as a coadjutor in the government of the empire.
The kings of England, by the Lateran council, under Pope Julius II. had the title of Christianissimus conferred on them; and that of defender of the faith was added by Pope Leo X. though it had been used by them some time before. The title of grace was first given to our kings about the time of Henry IV. and that of majesty first to Henry VIII. before which time our kings were called grace, highness, &c. In all public instruments and letters, the king styles himself nos, "we;" though till the time of King John he spoke in the singular number.
The definition of king above given, is according to the general acceptance of the term. It will not therefore strictly apply to the sovereign of Britain; and still less of late to that of France, formerly one of the most absolute, now the most degraded, of princes, without power and without consequence. In Britain, a happy mean prevails. The power of the king is indeed subject to great limitations: but they are the limitations of wisdom, and the sources of dignity; being so far from diminishing his honour, that they add a glory to his crown: For while other kings are absolute monarchs over innumerable multitudes of slaves, the king of Britain has the distinguished glory of governing a free people, the least of whom is protected by the laws: he has great prerogatives, and a boundless power in doing good; and is at the same time only restrained from acting inconsistently with his own happiness, and that of his people.
To understand the royal rights and authority in Britain, we must consider the king under six distinct views. 1. With regard to his title. 2. His royal family.
3. His councils. 4. His duties. 5. His prerogative. 6. His revenue.
I. His title. For this, see HEREDITARY RIGHT, and SUCCESSION.
II. His royal family. See ROYAL FAMILY.
III. His councils. See COUNCIL.
IV. His duties. By our constitution, there are certain duties incumbent on the king; in consideration of which, his dignity and prerogative are established by the laws of the land: it being a maxim in the law, that protection and subjection are reciprocal. And these reciprocal duties are what Sir William Blackstone apprehends were meant by the convention in 1688, when they declared that King James had broken the original contract between king and people. But however, as the terms of that original contract were in some measure disputed, being alleged to exist principally in theory, and to be only deducible by reason and the rules of natural law, in which deduction different understandings might very considerably differ; it was, after the Revolution, judged proper to declare these duties expressly, and to reduce that contract to a plain certainty. So that, whatever doubts might be formerly raised by weak and scrupulous minds about the existence of such an original contract, they must now entirely cease; especially with regard to every prince who hath reigned since the year 1688.
The principal duty of the king is, To govern his people according to law. Nec regibus infinita aut libera potestas, was the constitution of our German ancestors on the continent. And this is not only consonant to the principles of nature, of liberty, of reason, and of society; but has always been esteemed an express part of the common law of England, even when prerogative was at the highest. "The king (faith Bracton, who wrote under Henry III.) ought not to be subject to man; but to God, and to the law: for the law maketh the king. Let the king therefore render to the law, what the law has invested in him with regard to others; dominion, and power: for he is not truly king, where will and pleasure rules, and not the law." And again: "The king hath a superior, namely God; and also the law, by which he was made a king." Thus Bracton; and Fortescue also, having first well distinguished between a monarchy absolutely and despotically regal, which is introduced by conquest and violence, and a political or civil monarchy, which arises from mutual consent (of which last species he asserts the government of England to be), immediately lay it down as a principle, that "the king of England must rule his people according to the decrees of the laws thereof; inasmuch that he is bound by an oath at his coronation to the observance and keeping of his own laws." But to obviate all doubts and difficulties concerning this matter, it is expressly declared by statute 12 and 13 W. III. c. 2. "that the laws of England are the birthright of the people thereof; and all the kings and queens who shall ascend the throne of this realm ought to administer the government of the same according to the said laws, and all their officers and ministers ought to serve them respectively according to the same: and therefore all the other laws and statutes of this realm, for securing the established religion, and the rights and liberties of the people thereof, and all other laws and statutes of the same now in force, are by his majesty, by and with the
King. the advice and consent of the lords spiritual and temporal, and commons, and by authority of the same, ratified and confirmed accordingly."
And as to the terms of the original contract between king and people, these, it is apprehended, are now couched in the coronation oath, which by the statute 1 W. and M. stat. 1. c. 6. is to be administered to every king and queen who shall succeed to the imperial crown of these realms, by one of the archbishops or bishops of the realm, in the presence of all the people; who on their parts do reciprocally take the oath of allegiance to the crown. This coronation oath is conceived in the following terms:
"The archbishop or bishop shall say, Will you solemnly promise and swear to govern the people of this kingdom of Britain, and the dominions thereto belonging, according to the statutes in parliament agreed, 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 judgements?—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 the law? And will you preserve unto the bishops and clergy of this realm, and to the churches committed to their charge, all such rights and privileges as by law do or shall appertain unto them, or any of them?—King or queen. All this I promise to do."
"After this the king or queen, laying his or her hand upon the holy gospel, shall say, The things which I have here before promised, I will perform and keep: so help me God. And then shall kiss the book."
This is the form of the coronation oath, as it is now prescribed by our law; the principal articles of which appear to be at least as ancient as the Mirror of Justices, and even as the time of Bracton: but the wording of it was changed at the Revolution, because (as the statute alleges) the oath itself had been framed in doubtful words and expressions, with relation to ancient laws and constitutions at this time unknown. However, in what form soever it be conceived, this is most indisputably a fundamental and original express contract; though, doubtless, the duty of protection is implied as much incumbent on the sovereign before coronation as after: in the same manner as allegiance to the king becomes the duty of the subject immediately on the descent of the crown, before he has taken the oath of allegiance, or whether he ever takes it at all. This reciprocal duty of the subject will be considered in its proper place. At present we are only to observe, that in the king's part of this original contract are expressed all the duties which a monarch can owe to his people, viz. to govern according to law; to execute judgment in mercy; and to maintain the established religion. And with respect to the latter of these three branches, we may farther remark, that by the act of union, 5 Ann. c. 8. two preceding statutes are recited and confirmed; the one of the parliament of Scotland, the other of the parliament of England: which enact; the former, that every king at his accession shall take and subscribe an oath, to preserve the Protestant reli-
gion, and Presbyterian church-government in Scotland; the latter, that at his coronation he shall take and subscribe a similar oath, to preserve the settlement of the church of England within England, Ireland, Wales, and Berwick, and the territories thereunto belonging.
V. His prerogative. See PREROGATIVE.
VI. His revenue. See REVENUE.
Having in the preceding articles chalked out all the principal outlines of this vast title of the law, the supreme executive magistrate, or the king's majesty, considered in his several capacities and points of view; it may not be improper to take a short comparative review of the power of the executive magistrate, or prerogative of the crown, as it stood in former days, and as it stands at present. And we cannot but observe, that most of the laws for ascertaining, limiting, and restraining this prerogative, have been made within the compass of little more than a century past; from the petition of right in 3 Car. I. to the present time. So that the powers of the crown are now to all appearance greatly curtailed and diminished since the reign of King James I. particularly by the abolition of the star-chamber and high-commission courts in the reign of Charles I. and by the disclaiming of martial law, and the power of levying taxes on the subject, by the same prince: by the disuse of forest laws for a century past; and by the many excellent provisions enacted under Charles II.; especially the abolition of military tenures, purveyance, and pre-emption; the habeas corpus act; and the act to prevent the discontinuance of parliaments for above three years; and since the Revolution, by the strong and emphatical words in which our liberties are asserted in the bill of rights, and act of settlement; by the act for triennial, since turned into septennial elections; by the exclusion of certain officers from the house of commons; by rendering the seats of the judges permanent, and their salaries independent; and by restraining the king's pardon from obstructing parliamentary impeachments. Besides all this, if we consider how the crown is impoverished and stripped of all its ancient revenues, so that it greatly depends on the liberality of parliament for its necessary support and maintenance, we may perhaps be led to think that the balance is inclined pretty strongly to the popular scale, and that the executive magistrate has neither independence nor power enough left, to form that check upon the lords and commons which the founders of our constitution intended.
But, on the other hand, it is to be considered, that every prince, in the first parliament after his accession, has by long usage a truly royal addition to his hereditary revenue settled upon him for his life; and has never any occasion to apply to parliament for supplies, but upon some public necessity of the whole realm. This restores to him that constitutional independence, which at his first accession seems, it must be owned, to be wanting. And then with regard to power, we may find perhaps that the hands of government are at least sufficiently strengthened; and that a British monarch is now in no danger of being overborne by either the nobility or the people. The instruments of power are not perhaps so open and avowed as they formerly were, and therefore are the less liable to jealous and invidious reflections; but they are not the weaker upon
King. upon that account. In short, our national debt and taxes (besides the inconveniences before mentioned) have also in their natural consequences thrown such a weight of power into the executive scale of government, as we cannot think was intended by our patriot ancestors; who gloriously struggled for the abolition of the then formidable parts of the prerogative, and by an unaccountable want of foresight established this system in their stead. The entire collection and management of so vast a revenue, being placed in the hands of the crown, have given rise to such a number of new officers, created by and removable at the royal pleasure, that they have extended the influence of government to every corner of the nation. Witnesses the commissioners, and the multitude of dependents on the customs, in every port of the kingdom; the commissioners of excise, and their numerous subalterns, in every inland district; the postmasters and their servants, planted in every town, and upon every public road; the commissioners of the stamps, and their distributors, which are fully as scattered and fully as numerous; the officers of the salt duty, which, though a species of excise, and conducted in the same manner, are yet made a distinct corps from the ordinary managers of that revenue; the surveyors of houses and windows; the receivers of the land tax; the managers of lotteries; and the commissioners of hackney coaches; all which are either immediately or immediately appointed by the crown, and removable at pleasure without any reason assigned: these, it requires but little penetration to see, must give that power, on which they depend for subsistence, an influence most amazingly extensive. To this may be added the frequent opportunities of conferring particular obligations, by preference in loans, subscriptions, tickets, remittances, and other money transactions, which will greatly increase this influence; and that over those persons whose attachment, on account of their wealth, is frequently the most desirable. All this is the natural, though perhaps the unforeseen, consequence of erecting our funds of credit, and, to support them, establishing our perpetual taxes: the whole of which is entirely new since the Restoration in 1660; and by far the greatest part since the Revolution in 1688. And the same may be said with regard to the officers in our numerous army, and the places which the army has created. All which put together give the executive power so persuasive an energy with respect to the persons themselves, and so prevailing an interest with their friends and families, as will amply make amends for the loss of external prerogative. But though this profusion of offices should have no effect on individuals, there is still another newly acquired branch of power; and that is, not the influence only, but the force of a disciplined army: paid indeed ultimately by the people, but immediately by the crown; raised by the crown, officered by the crown, commanded by the crown. They are kept on foot, it is true, only from year to year, and that by the power of parliament: but during that year they must, by the nature of our constitution, if raised at all, be at the absolute disposal of the crown. And there need but few words to demonstrate how great a trust is thereby reposed in the prince by his people: A trust that is more than equivalent to a thousand little troublesome prerogatives.
King. Add to all this, that besides the civil list, the immense revenue of almost seven millions sterling, which is annually paid to the creditors of the public, or carried to the sinking fund, is first deposited in the royal exchequer, and thence issued out to the respective offices of payment. This revenue the people can never refuse to raise, because it is made perpetual by act of parliament; which also, when well considered, will appear to be a trust of great delicacy and high importance.
Upon the whole, therefore, it seems clear, that whatever may have become of the nominal, the real power of the crown has not been too far weakened by any transactions in the last century. Much is indeed given up; but much is also acquired. The stern commands of prerogative have yielded, to the milder voice of influence: the slavish and exploded doctrine of non-resistance has given way to a military establishment by law; and to the disuse of parliaments has succeeded a parliamentary trust of an immense perpetual revenue. When, indeed, by the free operation of the sinking fund, our national debts shall be lessened; when the posture of foreign affairs, and the universal introduction of a well planned and national militia, will suffer our formidable army to be thinned and regulated; and when (in consequence of all) our taxes shall be gradually reduced; this adventitious power of the crown will slowly and imperceptibly diminish, as it slowly and imperceptibly rose. But till that shall happen, it will be our especial duty, as good subjects and good Englishmen, to reverence the crown, and yet guard against corrupt and servile influences from those who are instructed with its authority; to be loyal, yet free; obedient, and yet independent; and above every thing, to hope that we may long, very long, continue to be governed by a sovereign, who, in all those public acts that have personally proceeded from himself, hath manifested the highest veneration for the free constitution of Britain; hath already in more than one instance remarkably strengthened its outworks; and will therefore never harbour a thought, or adopt a persuasion, in any the remotest degree detrimental to public liberty.
King at Arms, or of Arms, is an officer of great antiquity, and anciently of great authority, whose business is to direct the heralds, preside at their chapters, and have the jurisdiction of armoury.
In England there are three kings of arms, viz. garter, clercieux, and norroy.
Garter, principal King of Arms, was instituted by Henry V. His business is to attend the knights of the garter at their assemblies, to marshal the solemnities at the funerals of the highest nobility, and to carry the garter to kings and princes beyond the sea; on which occasion he used to be joined in commission with some principal peer of the kingdom. See GARTER.
Clercieux King at Arms, is so called from the duke of Clarence, to whom he first belonged. His office is to marshal and dispose the funerals of all the inferior nobility, as baronets, knights, esquires, and gentlemen, on the south side of the Trent. See CLERCIEUX.
Norroy King at Arms, is to do the same on the north side of the river Trent.
These two last are also called provincial heralds, in regard
regard they divide the kingdom between them into provinces. By charter, they have power to visit noblemen's families, to set down their pedigrees, distinguish their arms, appoint persons their arms, and with garter to direct the other heralds.
Anciently the kings at arms were created and solemnly crowned by the kings of England themselves; but in later times the earl marshal has a special commission at every creation to personate the king.
Lyon King at Arms, for Scotland, is the second king at arms for Great Britain; he is invested and crowned with great solemnity. To him belong the publishing king's proclamations, marshalling funerals, revering arms, &c. See LYON.