Page:Prerogatives of the Crown.djvu/399

Ch.XIV.] Privileges and hKapacities of King. 379 may also be appointed an executor ; but, as it cannot be pre- sumed that he has sufficient time and leisure to engage in a pri- vate concern, the law allows him to nominate such persons as he shall think proper to take upon them the execution of the trust, against whom all persons may bring their actions ; also, the King may appoint others to take the accounts of such exe- cutors {a). The King may levy a fine by grant and render {h and bar his estates tail thereby (c). So he may devise lands {d) ; and reversions, and remainders vested in him are not barrable by recovery {e). So the King may declare the uses of a fine or recovery {/)» But his Majesty cannot suffer a common reco- very [g)j and is bound by the statute de donis {h) ; and by the statute 32 Hen. 8. c. 28. s. 4. ; so that if a husband alone levy a fine of his wife's lands to the King, still the wife may enter after the death of her husband {i). Between subject and subject the rule is, vigilantibus et non dormientibus jura subveniunt {h). So that in many instances rights may be lost merely by the neglect of the party to enforce them. From the earliest periods of English law, it ha's, how- ever, been a maxim that nullum tempus occurrit Regi (/) ; a max- im grounded on the principle that no laches can be imputed to the sovereign, whose time and attention are supposed to be , occupied by the cares of government, (ardua regnipro bono pub- lico (m) ;) " nor is there any reason that the King should suffer by the negligence of his officers, or by their compacts or com- bination with the adverse party (w).'* Numberless decisions in the Books have proceeded en- tirely on this principle (o). Thus the King cannot be bar- red by a fine to which he is not a party, and five years' non (a) 4 Inst. 335. Godolph. Repert. (A) Hob. 347. 2 Bos. and Pul. 412. 76. (/) Staundf. 32, 3. Plowd. Com. {b) Dugd. Orig. Jur. 93. Maddox, 243, a. 263, b. Com. Dig. Prerog. D. No. 394. 7 Rep. 32. ' 86. Gotlb. 297. (c) Ibid, and 52, a. Plowd. 227. (m) Godb. 295. (rf) Ante, 204. (n) Hob. 347. (e) 5 Cruise, Dig. 502,1 ed. Tit. 36. (o) See 5 Bac. Ab. 562. tit. Prerog. c. 1 3. 8. 20, &,c. E. 6. It is on this ground that King's (/) 4 Cruise, Dig. 221, 1 ed. goods shall not be wreck, strays, waifs. (g) Cro. Car. 96, 7. Pigot, 74, 5. How this rule affects presentation to be- (h) 7 Rep. 52, a. Plowd. 227. nefices, &c. ante, 62. (i) 1 lust. 681. claim.