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Rex

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

The king. As the king is the source of authority, honor, and power, in a monarchical during a king's reign, criminal prosecutions, and decisions in criminal cases, and suits on behalf of the crown, are entitled Rex v. The Defendant. Rex non potest peccare. The king can do no wrong. This is an ancient and fundamental principle of the English constitution. It means, first, that whatever is amiss in the condition of public affairs is not to be imputed to the king, so as to render him answerable therefor to his subjects; second, that the prerogative of the crown is created for the benefit of the people, and cannot, therefore, be exerted to their prejudice. See 1 Bl. Com. 2iS; Broom Max. To suppose that it supports a doctrine that the king can do what he pleases, in the sense that all royal acts are operative and valid, is a misconception.

Rex nunquam moritur

The king never dies. The English law ascribes to the king, in his political capacity, an absolute immortality; and on the death of a reigning prince in his natural capacity, the dignity, prerogatives, and political capacities of the supreme magistrate, without any interval or interregnum, vest at once, by act of law, in his successor, who is, eo instante, king, to all intents and purposes.

Rege inconsulto

The king not being consulted. The name of a writ in old English practice, which issued from the king to the judges, bidding them not to proceed in a cause which might prejudice the king, without the king being advised.

Tomlins.