Page:Prerogatives of the Crown.djvu/264

 *f4 Crown Remedies. * [Qi.XI!. ter. Extraordinai-y remedies are assigned to the King, l>c^ cause, as Lord Coke observes, * Thesaurus Regis est fundamen- turn belli et firmamentum pacis (fl).* In the first place, though his snbjects are, in many instances, nnder the necessity of suing in particular courts, the King has the undoubted privilege of suing in any court he pleases (6). He may bring a Quare Impedit^ or writ of right, or of escheat, in B. R., and may have a Qiiare Impedit in B. R., though there have been a recovery in C. B. {c). The Crown possesses also the power of causing suits in other courts to be removed into the Court of Exchequer, where the revenue is concerned in the event of the proceeding, or the action touches the profit of the King, however remotely, and though the King be not a party thereto {d). And an account with the King can only be en- forced in this his court of revenue (e). There can, however, be no doubt that the King may waive this prerogative, and suf- fer his rights and interests to be discussed in actions between third parties, out of the Exchequer {/), It seems, also, that where a mere equitable question is raised. Chancery is the better forum to entertain it, though the King be interested (g). Though it has been truly said (^), that " for any thing which toucheth the King, and may turn to his advantage to hasten the King*s business, the Exchequer hath jurisdiction over it, were it a thing spiritual or temporal." Wherever also the King's title be clearly elicited, even in actions between third parties, the Court may, ex-officio, give judgment for the Crown thereon {i). And the Attorney-General, or other proper offi- cer of the Crown, is always made a party in any cause in Chan- cery, &c. in which the King's rights are or may be called in question {k). The King is also supposed to be always present in court, (a) Co. Lit. 131, b.. (e) 2 Atk. 56. 2 Sch. and Lef. 618. {b) 4 Inst. 17. Plowd. 243. "Rol. P. (/) 1 Bla. Rep. 132. 290. Finch, L. 84. Fortescue, R. 101. (g) Hardr. 4S8. 2 Vez. sen. 448, per (c) 1 Bla. Rep. 131, 2. lA. Hardwicke. 1 Bla. Rep. 131. 3 Atk. (d) Park«r. 143. " Anstr. 205, 214. 171. 1 Bla. R. 131. 1 Chitty's R. 440. See (A)Godb. 291. 16 Vin. Ab. 520. the excellent and luminous judgment of (i) 2- Manning's Pr. 619. 5 Bac. Ab. the Court, in Anstr. See further Man- 570. Ding's Pr. 161. Semb. Exchequer may (A:) Ridgw. Cas. Temp. Hardw.322. rerise judgments in B. R. or C. B. if 2 Vez. sen. 445, 448. 2 Sch. and Lef. King interested therein. Ibid. 624. 618. In the Admiralty ; 3 rrice'sR.97. and» I