Page:Prerogatives of the Crown.djvu/395

 Ch.XIV.] Privileges and Incapacities of King. 375 a clerk or junior clerk of the King's kitchen (a), or his Ma- jesty's coachman in ordinary {b), there can be no doubt of his privilege. But difficulties may frequently arise, and it is by no means an easy task to point mit distinctly what particular officers fall within this doctrine. Attention must be paid to the nature of the duties required by the office holden by the party claiming the privilege. If he be merely a nominal offi- <:er without fee, assisting only on certain grand and peculiar occasions, as coronations, royal funerals, &c. ; and neither acts as a servant in ordinary in the royal household, nor is a con- tinual attendant on his Majesty's person, there seems no legal foundation for the privilege (c). And it appears that a gen- tleman of the privy chamber is not therefore privileged from arrest (d). On the accession of his present Majesty to the throne, a proclamation was issued (<?), whereby (after reciting that iiis Majesty's predecessors had signified their pleasure that the royal servants should have and enjoy all antient privileges) his Majesty, thinking it reasonable that all his serva?its in ordinary mth fee shmdd, in regard of their constant attendance upon his Majesty* s person, enjoy the like privileges with those of his predecessors, ordered that the Lord Chamberlain and othei: officers therein mentioned, should signify to all mayors, she- riffs, &c. of corporations and counties, that his servants should Jiave their antient privileges, and that thenceforward none of the servants in ordinary with fee, should bear any public offices, serve on juries or inquests, watch or ward." This proclama- tion does not mention the privilege from arrest, as the antient proclamations on these occasions used to do. In a recent case, Abbott, C. J. observed (jT), that " the form of the pro- clamation shews that the privileges there enumerated are confined to his Majesty's servants in ordinary with fee. And that though the proclamation was not applicable in all its terms to the case then before the Court, it furnishes a ground for a distinction, which may be taken between servants with and without fee." It should seem that if a servant of the King be clearly pri- {n) 5 T. R. 686. the original nature and duty of the gen- (6) 2 Taunt. 1G7. tiemen of the Privy Chamber, p. 77 i c) 2 B. and Aid. 234, 7, 8, &c. cited 2 B. and Aid. 236 and 239, note, (rf) Ibid. (/) Ibid. 237. (f) Pcgg's Curialia, Dissertation ou vileged