Page:Prerogatives of the Crown.djvu/263

Ch.XIL] Cr(Mm Remedies. 243 or in right of the Crown of this realm, shall be deemed and taken to be personal estate and effects of his Majesty and his successors respectively, subject to disposition by last will and testament ; and that such last will and testament shall be in writing, under the sign manual of his Majesty and his success- ors respectively, or otherwise shall not be valid ; and all and singular the personal estate and effects whereof or whereto his Majesty or any of his successors shall be possessed or entitled tit the time of his and their respective demises, subject to such testamentary disposition as aforesaid, shall be liable to the payment of all such debts as shall be properly payable out of his or their privy purse ; and that, subject thereto, the same personal estate and effects of his Majesty and his successors respectively, or so much thereof respectively as shall not be given or bequeathed, or disposed of as aforesaid, shall go in such and the same manner on the demise of his Majesty and his successors respectively, as the same would have gone if this Act had not been made. CHAR XIL Of the Prerogative with respect to judicial Remedies and Proceedings at the Suit of the Crown. Though justice flows from the King, as its fountain, he can- not administer it personally, or authorize any deviation from the laws. The first principles of equity forbid that any one should be judge in his own cause ; which may be one reason that the constitution has, by an indiscriminate dictate, deprived the Crown of the power of personally interfering with the ad- ministration of justice. If this were not the case, the pre- rogative, instead of being in fact subservient to, would be above the laws, and the property of the subject would be defenceless. There are certain substantial and important peculiarities in favor of the King, with respect to legal proceedings, which will be here mentioned ; others, of less importance, will be in- cidentally stated in the course of this and the following chap- B 2 ter.