ot by law excluded from the succession. Should there be no
one upon whom the regency may lawfully devolve, it is the duty of the
Cortes to appoint a regency of one, three, or five persons. If, at any
time, in the judgment of the Cortes, the sovereign becomes
incapacitated to rule, a regency is required to be vested in the crown
prince, provided he be sixteen years of age. In default of a qualified
crown prince the regency devolves upon the queen; and in default of
both son and queen, upon a person determined in accordance with the
rules already mentioned.

[Footnote 851: Art. 62. Dodd, Modern Constitutions,
II., 212.]

*679. Powers of the Crown.*--The powers of the crown are of the sort
common among continental monarchies. By the constitution they are
thrown into two groups, i.e., those which may be exercised freely and
independently and those which may be exercised only upon the
authorization of a special law. Enumeration of the first group begins
with the sweeping statement that "the power of executing the laws is
vested in the king, and his authority extends to everything which
conduces to the preservation of public order at home and the security
of the state abroad, in conformity with the constitution and the
laws."[852] Powers specifically named include the approval and
promulgation of the laws; the issuing of decrees, regulations, and
instructions designed to facilitate the execution of the laws; the
appointment and dismissal of ministers and of civil officials
generally; command of the army and navy and direction of the land and
naval forces; the declaration of war and the conclusion of peace;[853]
the conduct of diplomatic and commercial relations with foreign
states; the pardoning of offenders; the control of the coinage; (p. 615)
and the conferring of honors and distinctions of every kind. Of powers
which the sovereign may exercise only in pursuance of authority
specially conferred by law there are five, as follows: alienation,
cession, or exchange of any portion of Spanish territory; incorporation
of new territory; admission of foreign troops into the kingdom;
ratification of all treaties which are binding individually upon
Spaniards, and of treaties of offensive alliance which stipulate the
payment of subsidies to any foreign power, or which relate especially
to commerce; and abdication of the crown in favor of the
heir-presumptive.

[Footnote 8