Page:Prerogatives of the Crown.djvu/359

Ch.XIIL] Redress from Crown. 339 of the writ is a defect of justice. It is the absence or want of a specific legal remedy, which gives the Court jurisdiction (a). There must however be a specific legal right, as well as the want of a specific legal remedy, in order to form an application for a mandamus {b). The writ is grounded on the oath of the party injured shewing his right, and the denial of justice below, whereupon the party complained of is directed to shew why the writ should not issue (c). This being substantially a civil remedy for the subject, and the King's name being only nomi- nally used, no further mention of it will be here made. CHAP. XIIL Of obtaining Redi^ess from the Crown. The principle or maxim, that the King can do no wrong has been before explained [d). It does not mean that the subject is without remedy for every act of the Crown. The King is not indeed personally chargeable, nor can he be subjected to the usual common law proceedings, which may be instituted between subject and subject. For all judicial proceedings and writs must be in the King's name as the fountain of justice : and it would be absurd that the King should command or re- quire another to command himself: independently of its being contrary to the constitutional idea of the King, to imagine that he is subject to the controul and command of any of his own courts. Whatever therefore may have formerly been con- sidered on this subject, there can be no doubt that at all events since the reign of Edward 1. the Crown has been free from ^ny action at the suit of its subjects {e) : and on this principle (q) Per Ld. Ellenborough, 2 Selw. (rf) Ante, 5. N. P. tit. Mandamus, I. [e) 1 Bla. Com. 255. '4 Co. 55, a. <3) 8 East, 219. Com. Dig. Prerog. (D.) 78 j Action, (c) See 3 131a. Com. lit, 264. (C.) 1. SUundf. Prerog. 42, a. 2 2 it