Page:Prerogatives of the Crown.djvu/394

374 Privileges mul Incapacities of King. [Ch.XlV. CHAP. X.IV. OfiJie Privileges and Incapacities of the King in several matters. The more important privileges of the King have already been ftdly and separately noticed. There are also various royal immunities of minor importance, which require con- sideradon. These principally relate to the person and private property of the King, and are no less just and politic than those weighty prerogatives which are inherent in his Majesty for the benefit of his people. The dignity of the sovereign and the safety of the state, necessarily free the person of the King from liability to be arrested on any occasion (a). Neither can he be amerced or nonsuited {b). And in order that the King may not be ex- posed to inconvenience, and as a mark of that respect towards him which the law invariably inculcates, on sound principles of public policy, none of his Majesty's household or menial servants or officers, bond Jide substantially and continually eihployed, or liable to be permanently employed, in waiting or attending on the royal person, can be arrested or taken in execu- tion in civil actions (c), without notice first given to, and leave obtained fi*om, the Lord Chamberlain of his Majestjr's house- hold [d). This is the prerogative of the King : it is an im- portant freedom from the full operation of the laws, which was instituted, not for the benefit of the servant, but for the con- venience of the sovereign. The reason assigned by Lord Coke [e) for this privilege, is thus put by him : " concerning those that serve the King in his household, their continual service and attcndxince upon the royal person is necessary J" To cases falling within the reason and groundwork of this im- munity, must the privilege be restrained. Where the party is a domestic and menial servant of the King, as for instance, (a) 2 Inst. 50. 687. (6) Bro. Ab. Prerogative, pi. 100, (rf) T. Raym. 152. 2 Keb. 3, 485. Vin. Ab. Prerog. T. 2. Tidd, 6th ed. 197. (c) 5 T. R. 686. and cases there ci- (<•) 2 Inst. 631. ted. Qu, on a capias utlagcdum. Ibid. ^fc» a clerk