Page:Prerogatives of the Crown.djvu/397

Ch.XIV.] Privileges and Incapacities of King. 377 to pay taxes (a), toll (i), pontage, passage (c), custom [d or poor rates {e) ; nor is his personal property subject to the laws, relative to wreck, estrays, waifs {f sale in market overt {g distress damage feasant (^), or the like. It is, indeed, gene- rally laid down, that " no custom which goes to the person, or goods, of the King shall bind him (?)." But the King is not, it seems, by virtue of his prerogative, discharged of tithes for the antient demesne lands of the Crown ; but his Majesty being persona mixta, is capable of a discharge de non decimandoy by prescription, which in effect operates as a general discharge from tithes (Jc), But this privilege does not extend to the King's grantee {l) ; and by the alienation the prescription is destroyed for ever, and will not revive, even though the lands subse- quently come to the Crown {m). The privileges and prerogative rights of the Crown in judi- cial remedies and proceedings (w), and various peculiarities respecting the Crown lands (o), have been already mentioned. We may here add, as disabilities arising from the royal dig- nity, that the King cannot personally execute any office, judi- cial or ministerial ( p or arrest in person [q). For the same reason, and also on the ground that even the King shall not give evidence in his own cause, it is clear that his Majesty's testimony is not admissible in ciases of treason or felony (r). Whether or not his Majesty's certificate, under his sign ma- nual or the great seal, as to facts within his knowledge, can be admitted as evidence in a civil cause between subject and sub- (a) See 39 and 40 Geo. 3. c. 88. s. 6. if the forest be disafforested, and be Crown lands, when bought by private within any parish, then it becomes funds of the King, &c. liable to parlia- titheable. 3 Cruise, 66. mentary and parochial taxes. (/) lb. Hotham u. Foster, 3 Gwill. 86?. (A) Palmer,85. Com. Dig. Toll, G.l. {m) Hardr. 315. (c) Jenk. 83. pi. 62. Vin. Ab. Pre- ) Ante, 245, &c. rog. T. 2. (o) Ante, 203; 209 to 211. (rf) Ibid. Bro. Ab. Prerog. pi. 112. p) Ante, 75, 6j 80. Bro, Prerog.125. Fitz. Ab. Tolle, 5. Co. Lit. 3, b. 8 Co. 55. 2 Vcntr. 270. {e) 2 T. k 372. 3 Ibid. 519. See But still an office may be granted to 59 and 40 Geo. 3. c. 83. s. 6. ante, him, as he may execute it by deputy note (a). 17 Vin. Ab. 168. ' (/) Vin. Ab. Prerog. T. 2. {q) 2 Inst. 187. " The King canrtot (g) 2 Inst. 713. Plowd. C. 243, b. arrest any one on suspicion of felony or (A) 2 Manning, P. E. 551. treason, though the subject may j for (i) Vin. Ab. Prerog. T. 2. if the King do wrong there is no renie- (A) Hardr. 315. Sir W.Jones, R. dy against him." Per Markham, C.J. 387. 2 Bla. Com. 31. «* Forest land 1 H. 7. 4. is not titheable, provided it is in the (r) 2 Hal. P. C. 282. hands of the King, or of his lessee j but ject,