Page:Prerogatives of the Crown.djvu/230

210 Revenue. . [Ch.Xl. Sec. I. the time being, it was held an ill reservation ; for though the !King may reserve rent to a stranger, he cannot reserve it to, an officer who is removeable at his will (a). If the King make a lease reserving rent, with a clause of re- entry for nonpayment, he is not bound to make any demand previous to his re-entry, but the tenant is obliged to pay the rent for the preservation of his estate; because it is beneath the royal dignity to attend a subject to demand the rent ; but the law, for the support of that dignity, obliges every private person to attend the King with the services due to him {b). But if the King, in cases where he need not make a demand, assign over the reversion, the patentee cannot enter for non- payment without making the regular previous demand ; be- cause, this privilege being inseparably annexed to the per- son of the King, for the support of his royal dignity, shall not be extended to cases where the King is no way con- cerned (c). So, if a prebendary make a lease rendering rent, and it be provided that if the rent be in arrear and be demanded, it shall be lawful for the prebendary to re-enter ; if the reversion in this case come to the King, he must demand the rent as in common cases, though he shall by his prerogative be excused from an implied demand ; for the implied demand is the act of the law, the other the express agreement of the parties, which the King's prerogative shall not defeat; and therefore even in the case of the King, if he make a lease re- serving rent, with a proviso that if the rent be in arrear for such time (being lawfully demanded, or demanded in due form), that then the lease shall be void; it seems that not only the patentee of the reversion in this case, but also the King himself, whilst he continues the reversion in his own hands, is obliged to make an actual demand, as in ordinary instances, by reason of the express agreement for that purpose {d), . If land be given to the King and a subject, to have and to hold to them and their heirs, yet they are tenants in common (fl) Lord Raym. 36. (c) 4 Co. 73. Moor, 104. Cro. Eliz. (6)2H. 7, 8. Bro. Prerog. pi. 101. 462. Dyer, 87. And, R. 304. Co. Co. Lit. 201 , b. But this prerogative is Lit. 20 1 , b. not to be extended to the duchy lands. {d) Moor, 210. Dyer, 87. SeeSM^uI. Moor, 149, 154, 161, and S.528. and 1