ject, may admit of some doubt. Rolle, in his Abridgment (a), says, that "it seems that the King cannot be a witness in a cause by his letters under his sign manual." No reason is, however, assigned, or authority cited, for the proposition; and Rolle admits, that the case of Lord Abignye v. Lord Clifton, in Chancery (b), is to the contrary. In that case, King James's certificate, under his sign manual, of promises made by Lord Clifton, was allowed upon the hearing as a proof and exception for so much. So, in 10 Jac. 1. the King's certificate was admitted and acted upon as proof (c), and clearly the King's testimonial, under the great seal, was antiently allowed in the case of an essoin de servitio regis (d).

Also, on account of the dignity of the King, he is not bound to offer an acquittance to any man; but the subject who pays to the King ought to bring with him acquittance, and demand it of the King (e). Nor can the King be a copyholder; and, therefore, where a person who holds a copyhold estate becomes King, the copyhold is suspended; for it would be beneath the dignity of a King to perform such services as those to which copyholds are subject. But after his decease, the next person who becomes entitled to it, (not being a King), shall hold by copy in the usual manner, and the tenure be revived (ƒ). Indeed, the general rule is, that the King cannot be tenant to, or hold by any services of, his subjects (g). The King may however, it seems, hold as a trustee of lands, though he cannot be compelled to execute the trust (h). And as observed by Lord Bacon (i), "the King may be a cestui que use, but it behoveth both the declaration of the use and the conveyance itself to be matter of record, because the King's title is compounded of both." And as the King cannot in law be seised to a use, he cannot convey by bargain and sale (k), by covenant to stand seized (1), or by lease and release (m). The King

may also be appointed an executor; but, as it cannot be presumed that he has sufficient time and leisure to engage in a private concern, the law allows him to nominate such persons as he shall think proper to take upon them the execution of the trust, against whom all persons may bring their actions; also, the King may appoint others to take the accounts of such executors (a).

The King may levy a fine by grant and render (b), and bar his estates tail thereby (c). So he may devise lands (d); and reversions, and remainders vested in him are not barrable by recovery (e). So the King may declare the uses of a fine or recovery (ƒ). But his Majesty cannot suffer a common récovery (g), and is bound by the statute de donis (h); and by the statute 32 Hen. 8. c. 28. s. 4.; so that if a husband alone levy a fine of his wife's lands to the King, still the wife may enter after the death of her husband (i).

Between subject and subject the rule is, vigilantibus et non dormientibus jura subveniunt (k). So that in many instances rights may be lost merely by the neglect of the party to enforce them. From the earliest periods of English law, it has, however, been a maxim that nullum tempus occurrit Regi (l); a maxim grounded on the principle that no laches can be imputed to the sovereign, whose time and attention are supposed to be occupied by the cares of government, (ardua regni pro bono publico (m);) "nor is there any reason that the King should suffer by the negligence of his officers, or by their compacts or com bination with the adverse party (n)."

Numberless decisions in the Books have proceeded entirely on this principle (o). Thus the King cannot be barred by a fine to which he is not a party, and five years' non

(k) Hob. 347. 2 Bos, and Pul. 412. (1) Staundf. 32, 3. Plowd. Com. 243, a. 263, b. Com. Dig. Prerog. D. 86. Godb. 297.

(m) Godb. 295.

(n) Hob. 347.

(0) See 5 Bac. Ab. 562. tit. Prerog. E. 6. It is on this ground that King's goods shall not be wreck, strays, waifs. How this rule affects presentation to benefices, &c. ante, 62.

claim (a). Nor can there be a tenant at sufferance against the King; for as no laches can be imputed to his Majesty for not entering, if the King's tenant hold over he will be considered as an intruder (6). So no man by entry can at common law gain himself a title against the King (c), nor will any descents toll his entry (d). So the statute of limitations does not bind the King (e). And it seems, that if a bill of exchange or promissory note come into the hands of the Crown before it be due, the non-presentment of it when due, and omission to give notice of dishonour, are not material (ƒ).

Even at common law, however, a prescription may be good against the King, as in the case of waifs (g); and in many cases the Crown, by deferring a seizure, &c. may have a less efficacious remedy (h); and "custom upon the land, as borough English, gavelkind, &c. shall bind the King (¿).”

And by the nullum tempus Act, 9 Geo. 3. c. 16. (k), the King shall not sue, &c. any person, &c. for any lands, &c. (except liberties and franchises), or any title which has not first accrued within sixty years before the commencement of such suit, unless he has been answered the rents within that time, or they have been in charge, or stood insuper of record, and the subject shall quietly enjoy against the King, and all claiming under him, by patent, &c. This extends not to estates in reversion or remainder, or limited estates. These lands shall be held on the usual tenures, &c. Usual fee-farm rents confirmed. Putting in charge, standing insuper, &c. good only when on verdict. Demurrer or hearing, the lands, &c. have been given, adjudged, or decreed to the King. And prescription is now pleadable against the Crown, even in the case of franchises and offices; for by statute 32 Geo. 3. c. 58. six years'

(a) 5 Cruise, 1 ed. 208. ch. 13. s. 2. (b) 1 Inst. 57, b. 2 Leon. 143. Bro. Ab. tit. Disseisin, 4. Hob. 322. Rol. Ab. 659.

(c) Co. Lit. 41,1 b.

(d) 2 Leon. 31. pl. 37. Plowd. 243, a. Vin. Ab. Prerog. T. 2.

(e). Ante, 566.

(f) Chitty on Bills, 5th ed. 257, 319. cites West on Extents, 28, 29, 30.

(g) Staundf. Prærog. Regis, 32, a. b.

(h) Ibid. ante, 251. And see further exceptions to the rule nullum, &c. Co. Lit. 119, a. note 1.

(i) Vin. Ab. Prerog. T. 2. If land, which ought to pay a fine at the alienation, be aliened to the King, he shall not pay fine. Per Priscott, Bro. Ab. Customs, pl. 5, cites Y. B. 35 H. 6, 25.

(k) Act on this subject relative to Ireland, 48 Geo. 3. c. 47.

possession

possession of a corporate office gives the corporator a prescriptive title upon an information in the nature of a quo warranto, exhibited by the Attorney-General, or other officer, on the behalf of the Crown, by virtue of any royal prerogative, or otherwise. Neither is it competent to the Crown to question any derivative title, where the person from whom it is derived was in exercise, de facto, of the office or franchise, in virtue of which he communicated the title for a like period of six years.

The King is not bound by fictions or relations of law (a); or by estoppels (b), even though such estoppels would affect the party through whom the Crown claims (c). But this does not prevent the King from taking advantage of estoppels, though they ought in general to be mutual (d).

It is also an established principle, that where the King's right and that of a subject meet at 'one and the same time, the King's shall be preferred (e). Detur digniori is the rule in the case of a concurrence of titles between the King and subject (ƒ). This rule has been already explained, as it regards debts and remedies in the case of the King (g); and there are several cases in the books on the same doctrine (h).

23.

(f) 2 Ventr. 268. (g) Ante, 288, &c.

(h) See 5 Bac. Ab. 558. Prerog. E. 4. 16 Vin. Ab. 566, tit. Prerog. T. 2. pl. "Hence it is said, that if there be a lord mesne and tenant, and the tenant pay the rent at the day to the mesne, before noon; and after on the same day, the mesne die, his heir within age, the tenant shall pay it over again to the King." 3 Leon. 251. If a woman marry and hath issue, and lands descend to the wife, and the husband

"

enters, and after the wife is found an idiot by office, the lands shall be seized for the King; according to this maxim, that when the title of the King and a common person begin at one instant, the title of the King shall be preferred. Co. Lit. 30, b. So, if the woman had been the King's nief, and one had married her without the King's license, &c. and lands had descended before or after issue, yet the King, upon office found, shall have them. Co. Lit. 30, b. 4 Co. 55. Baron and feme joint purchasers of a term for years, the husband drowns himself, the lease is forfeited, and wife surviving shall not hold it against the King or his almoner; because the title of the King and a common person coming together, the King's shall be preferred. Dyer, 108. Plowd. 260. Dame Hale's Case.

On

On the same principle, the King cannot be a joint tenant, &c. with a subject (a).

CHAP. XV.

What Statutes bind the King.

THE general rule clearly is, that though the King may avail himself of the provisions of any Acts of Parliament (6), he is not bound by such as do not particularly and expressly mention him (c).

To this rule, however, there is a most important exception, namely, that the King is impliedly bound by statutes passed for the public good; the relief of the poor; the general advancement of learning, religion and justice; or to prevent fraud, injury or wrong (d). Therefore the King, though not named, is bound by the statute de donis to prevent wrongful alienation (e); the statute of H. 8. against discontinuances or alienations by husbands of their wives' estates (f); and the statutes of Eliz. against. leases of ecclesiastical lands (g), simony (h), and fraudulent conveyances to defraud purchasers, &c. (i). So the King is bound by the statute of Marlbridge (k) against. distraining tenants to answer without writ (l), and other similar statutes (m). So by the statute Westm. 1. (3 Ed. 1.) c. 5. that none shall disturb elections upon pain of great forfeitures (n); and by the statute of additions, 1 Hen. 5. c. 5. (o). So where an Act of Parliament gives a new estate or right to the King, it shall bind him as to the manner of enjoying and