THE DEMISE OF THE CROWN.

Evening Star, Issue 11455, 24 January 1901, Page 3

THE DEMISE OF THE CROWN.

fully: provided for by’ statute.

SO AS TO PREVENT POLITICAL AND DIPLOMATIC DISLOCATION.

This morning ire took advantage of the visit of Sh' Robert Stout, Chief Justice, to ask him to state fra- pubic information the order of events, political and constitutional, following upon the death of her late Majesty the Queen. Our reporter found Sir Robert at the house of his brother-in-law, Mr A. H. Logan, Victoria street, but, unfortunately, Sir Robert was unable to get out in order to gain access to the necessary statutes and books, the fact being that he is under the doctor’s orders, and weak after a somewhat serious illness contracted in Hobart as the result of eating fruit that proved to be un- • sound and had really poisoned him. From the time of leaving Hobart until arrival at Dime din Sir Robert suffered severely, and the illness might have been serious but for his strong constitution, his knowledge as to the use of such remedies as were available on board ship, and the kindness of .the Monowais stewards, whose attentions ‘ara very gratefully acknowledged. &r ■ Robert is to-day able to take a little food, and hoped to be allowed to proceed to WelV lington by the steamer leaving lute this afternoon.

' -r,? 1011 ® 11 taken at a disadvantage, Sir Bobert Stout managed to tell our reporter some things that are interesting and to direct him where to find the authorities, and \ thus we are in a position to give an idea .' as to what is likely to happen, v Firstly, as a matter of primaiy consequence, there will be no dissolution of ihe Imperial Parliament. That is directly provided for by an Act to further amend the ;. laws relating to the representation of the people in England and Wales, of date l. c th August, 1867, Section 51 reads thus.“Whereas great inconvenience may arise from the enactments now in force limiting . the duration of the Parliament in being at the demise of the Crown: Be it therefore enacted that the Parliament in being at any future demise of the Crown shall not be ' determined or dissolved by such demise, but shall continue so long as it would have continued but for such demise, unless it should be sooner prorogued or dissolved by the Crown, anything in the Act passed in the sixth year of her late Majesty Queen Anne, chapter seven, in any way notwithstanding. ’’ The position from a constitutional point of view is plainly put in Renton’s ‘ Encyclopedia of the Laws of England,’ dated 1897;—“ Demise of the Crown” is the expression made use o! to signify that on the death of the Sovereign the kingship is co mstanti by act of law, without any interregnum or interval vested in his successor, according to the maxim “The King never dies.” Important legal consequences formerly attended on the demise of the Crown. The King’s peace, the source of the Crown’s criminal jurisdiction, came to an end with his death, and had to be proclaimed again. Civil actions in the royal courts also abated, and had to he commenced anew. Parliament was dissolved, and likewise the Privy Council. All offices, civil and military, under the Crown were vacated. Most of these inconveniences have now been removed by statute. . . . Parliament is no longer affected by a demise of the. Crown. The Privy Council and officers, civil and military, were to continue in office for six months, unless sooner dismissed, according to an Act of Anne, and this period is extended to eighteen months in the case of offices in the colonics by 1 William .IV., c. 4, s. 2. The tenure of the Judges js not affected. The forms which took place on the accession of Queen Victoria are worth noting. We quote from Anson’s ‘ Law and Custom of the Constitution,’ published in 1892 ;—“ William TV. died on the 20th of June, 1857.in the early morning, and before mid-day the Lords of the Privy Council and others as-

serabled at Kensington Palace to proclaim tlio Queen, which was done in this form: ‘Whereas it has pleased Almighty God to calf to his mercy our late Sovereign Lord King William IV., of blessed and glorious memory, by whose decease the Imperial Crown of the United Kingdom of Great Britain and Ireland is solely and rightfully come to the high and mighty Princess Alexamlrina Victoria, saving the rights of any issue of his late Majesty King William IV. which may be born of his late Majesty’s Consort. We therefore, the Lords spiritual and temporal of this realm, being here assisted with these of his late Majesty's Pi-ivy Council, with numbers Of others principal gentlemen of quality, with the Lord Mayor, aldermen, and citizens of London, do now hereby with one voice and consent of tongue and heart publish and proclaim that the high oad mighty Princess Alexandria Victoria is now, by the death of our late Sovereign of happy memory, become our only lawful and rightful Liege Lady Victoria, by the grace of God Queen of the United Kingdoms of Gre.it Britain and Ireland, Defender 1 of the Faith,

saving, as aforesaid. To whom, saving as aforesaid, we do acknowledge all faith, and constant obedience with all hearty and humble affection, beseeching God, by whom Kings and Queens do reign, to bless the Eoyal Princess Victoria with long and happy years to reign over us.’ The Queen was proclaimed, not by the Privy Council, but by Lords Spiritual and Temporal and others, i . b°dy is something more than the Privy Council. It represents the more ancient assemblage, the Witan or Commune Concilium meeting to choose and proclaim the new King. The Queen entered the loom, addressed the Council, and took and subscribed the oath for the security of the Church of Scotland as required by the Act of Union. The late King’s Privy Council were then sworn and the Queen issued a proclamation continuing in their offices all who at the death of William IV. were “ u y n, l lawfully possessed of or fully tested in any office, place, or employment, cml or military, within the dominions of tne Crown.’ On the 25th November the Queen made the declaration against transubstantiation in the presence of both Houses, as required by the Bill of Rights.” he coronation did not take place for more than a rear.

In the olden days, remarked Sir Robert * p t ’. v '^ ien Ik® King died everything died Parliament, the Judges’ commissions, and overj thing else. That has been altered by legislation. Beyond that it is hard to say " .’A 13 hkely to happen. There is practice y no precedent, since all the surroundings of old precedents have changed. I think, however, that the Privy Council will go out. Iho King can, if ho chooses, call now Advisers. Whether he will do so nobody can guess. Wc have no clue as to his political views. Ido not think he has .my. In this be has shown great wisdom. lam glad to be able to say that. Ido not approve of everything the Prince of Wales has none, but in guarding himself against partisanship in politics ho has certainly shown great tact and judiciousness. He hits never made himself a party man of any kmd. _ There will be no new appointments, excepting that the King will proclaim his Ministers as soon as possible, either reappointing the Ministers or possibly bv calling new Ministers. Ho will at‘any rate appoint his own Ministers. The accession follows naturally and not by any form. The moment the Queen died the King reigned. Lhe coronation is a mere detail, and does not affect the Constitution or the legal position in any way. The form of the coronation is as may he arranged. It varies with every new Sovereign. No date is fixed for it beforehand. Sometimes it has been a month, sometimes a year. The period of mourning also varies. I should imagine that it would he about a. month, but that is merely an opinion. The Court will no doubt go into mourning for a lengthened period--perhaps five nr six months. Ido not think it likely that the Royal visit to the colonics will now take place." It would be an extraordinary thing if it did--to have members of the Royal Family engaged in igaicta during a period of national mournmg. My own opinion is that the visit will ho postponed for a year. Apart from that the ceremonies in Australia will of course go on, according to whatever modified programme may bo arranged.