Page:Prerogatives of the Crown.djvu/396

 376 Privileges arid Incapacities of King. [Ch. XIV. vileged from the nature of his employment, the privilege will not be affected by the circumstance of the King not residing personally, at the time, in the palace in which the servant is employed ; such palace being still privileged as such {a). And it has been decided that a servant of the King is privileged from arrest, though he publicly carry on trade, and the debt was contracted in the course of his trade (Z>). Where the privilege is clear, the Court will discharge the party on motion ; where it is doubtful they will leave him to his writ of privilege {c). On the same principles, no arrest can properly be made in the King's presence, or within the verge of the royal palace {d), except by an order of the Board of Green Cloth, or unless the process issue out of the Palace Court (e). And all the royal palaces are sanctuaries for persons liable to be arrested ; and no species of judicial process can be executed therein ; if any thing in the shape of possession and royal appearance be kept up, though the King do not at the time personally reside there {/), Nor can a distress be made on lands in the King's possession (g). As the law cannot presume indiscretion or imbecility in the King, however young, h!s being under 21 years of age does not avoid his acts {h and his non-age does in no case operate as a disability. The King's goods are also exempt from various liabilities, which affect the personalty of his subjects. Even if a subject succeed in a petition against the King, his Majesty's goods are not liable to be taken in execution (i). The King is not liable (a) See 10 East, 578. Inst. Ul. Wood's Inst. 19. 8th ed. (b) 2 taunt. 167. (g) Jenk. 112. pi. 18. Plowed. C. (c) 2 B. and Aid. 234. 242, b. Id) 3 Bla. Conn. 289. 4 Ibid. 276. (A) See Co. Lit. 43. Bac. Ab» In- Tidd, 6th ed. 222. By 28 H. 8. c. 12» fancy, B. " If the King, alien lands the verge of the palace of Westminster parcel of his Dutchy of Lancaster, extends from Charing Cross to West- within age there, he may avoid it for minster Hall. But an arrest within the his non-age ; for he has the dutchy as ■verge of the palace is no ground for Duke not as King ; otherwise of land discharging the defendant out of custo- which he has as king, for the King can- dy. 7 Taunt. 311. not be disabled by non-age, as a com- (e) 3 Term R. 735. mon person may be." Ero. Ab- tit* (/) 10 East, 578. 1 Campb. 475, Prerog.pl. 152. note. So of ecclesiastical process. 3 (») See the remedy, ante, 548, 9. to