Page:Prerogatives of the Crown.djvu/265

Ch.XlI.] Action hy King^ 245 and, therefore, cannot be nonsuit, though the Attorney-Gene- ral may "enter a non vtdt 'prosequi {a) ; and his Majesty is not said to appear by his Attorney {b), -^ -^**-<^ c--^ The modes of redress which the Crown may adopt against a subject are — 1st, by the usual common law actions; 2, by In- quisition, or Inquest of Office, and under this head, we will con- sider extents in chief and in aid, and the writ of diem clausit extremum ; 3, by scire facias^ to repeal grants, &c. ; 4, by infor- mation of intrusion or debt and in rem ; 5, by quo warranto ; 6, l3y mandamus. 1 . The general rule is, that the King may waive his prero- gative remedies, and adopt such as are assigned to his subjects. He may maintain the usiial common law actions, as trespass quare clausum fregit^ or for taking his goods (c). The only ex- ception seems to be in the case of actions, which suppose an eviction or disseisin, as an assize, or, it seems, an action of ejectment (£?). The King cannot maintain such actions, they being inconsistent with his royal dignity, and contradictory to the fiction of law, that the King cannot be dispossessed of pro- perty ,once vested in him {e). But the King may maintain a quare impedit^ which supposes the claimant's possession {f), and might also maintain a writ of ravishment of ward (g). And though the King chuse a common law action, he may, by virtue of the prerogative we have just noticed, commence it in any court {Ji), Where the King proceeds by suit at common law, and an- other person is interested with him, it seems, that the action may be brought in the name of the King and such common per- son; as, " if A. is bound by a written obligation in 100/. to the King « and his customers,' if the 100/. be not paid, the King and the customers ought to bring their action upon the said obligation jointly, in the name of the King and the customers: («) Co. Lit. 139. Finch^ L. 81, 2. {d) r.ro. Ab. tit. Prerogative, pi. «9. 2 Atk. 302. On prosecutions in the Staundf. Praerog-. Regis, 56, b. ch. 18. colonies, ante, ch. 3. Anstr. R. 215. 10 East, 106, 7. Ejecl- (b) Finch, L, 81. 1 Bla. Com. 270. ment on the demise of the Crown, 12 (c) Thel. Dig. 1. I. c. 3. 1 Rol. Ab. East, 96. 373. Bro. Ab. tit Prerogative, pi. 130. (e) 3 Bla. Com. 257. F. N. B. 90. 16 Vin. Ab. 537. tit. (/) F. N. B. 32. Prerogative, Q. pi. 8. As to a distress (g) Staundf. Praerog. Regis, 56, b. at the suit of tbo King j see ante, ch. 18. ch. 11. s. I. (//) 3 Bla. Com. 257. By