Page:Prerogatives of the Crown.djvu/360

340 Petition of Right. [Ch. XIII. Sec. L it is that no one can vouch for the King, for that is in the nature of an action ; and that if a fine be levied by the King of lands, it should be by render and not by writ of cove- nant (a). With respect to personal injuries, the inviolability of the so- vereign, and the improbability that any injuries of that nature should be committed by the King, have combined to establish it as a clear maxim in law, that he cannot be guilty of them. The law will presume that the subject cannot have sustained any such personal wrong from the Crown, because it cannot afford any adequate remedy s and want of right and want of remedy are the same thing in law (b). With respect however to injuries to the rights of property, as such injuries may be, and generally are, committed through the medium of the King's agents, and by misinformation or inadvertence, the law has furnished the subject with a decent and respectful mode of removing the invasion by informing the King of the true state of the matter in dispute : and, as it presumes that to know of any injury and to redress it are inseparable in the royal breast, it then issues as of course in the King's own name, his orders to his judges to do justice to the party ag- grieved (c). The modes of proceeding against the Crown to recover lands or personal property are of three descriptions : 1. hy petition : 2. by monstrans de droits manifestation, or plea of right : 3. by traverse of office. Sect. 1. — The petition de droit, or petition of right, is an antient common law remedy for the subject against the Crown and is said to owe its origin to Ed. .{d). This mode of proceeding is peculiarly suited to the dignity of the sovereign ; and being instituted for the purpose of pre- -tZi^- ^a.y/(y~ "' V^'^J< ^^j.^ ^^*^ ■^^'-^'//z /-?. J ./X*^ (a) H. 9. H. 6, 3 and 4. action, and could not plead the invalid (i) See Bac. Ab. Actions, B. Quod command of the King. Bac. Ab. Pre- Jiemed'io destituititr ipsa re valet si culpa rogative, E. 1. Same principle as to adsit. 6 Co. Rep. 68. If the King lands. See post, 342. were to command a third person to (c) 3 Bla. Com. 255. commit an injury on a subject, of course (rf) Bro. Ab. tit Prercg. 2. Fitz. Ab. such third person would be liable to an Error, 8. 3 Bla. Com. 256. serving