Page:Prerogatives of the Crown.djvu/398

 378 Privileges and Incapacities of King. [Ch.XIV, ject, may admit of some doubt. RoUe, in his Abridgment (a), says, that " it seems that the King cannot be a witness in a cause by his letters under his sign manual." No reason is, however, assigned, or authority cited, for the proposition ; and Rolle ad- mits, that the case of Lord Abignye v. Lord Clifton, in Chan- cery (b), is to the contrary. In that case. King James's certifi- cate, mider his sign manual, of promises made by Lord Clif- ton, was allowed upon the hearing as a proof and exception for so much. So, in 10 Jac. 1. the King's certificate was ad- mitted and acted upon as proof (c), and cleax'ly the King's tes- timonial, undier the great seal, >vas antiently allowed in the case of an essoin de servitio regis {d). Also, on account of the dignity of the King, he is not bound to offer an acquittance to any man; but the subject who pays to the King ought to bring with him acquittance, and demand it of the King(e). Nor can the King be a copyholder; and, therefore, where a person who holds a copyhold estate becomes King, the copyhold is suspended ; for it would be beneath the dignity of a King to perform such services as those to which copyholds are subject. But after his decease, the next person who becomes entitled to it, (not being a King), shall hold by copy in the usual manner, and the tenure be revived (/* ). In- deed, the general rule is, that the King cannot be tenant to, or hold by any services of, his subjects (^). The King may however, it seems, hold as a trustee of lands, though he cannot be compelled to execute the trust (/z). And as observed by Lord Bacon (?), " the King may be a cestui que use, but it behoveth both the declaration of the use and the conveyance itself to be matter of record, because the King's title is com^- pounded of both." And as the King cannot in law be seised to a use, he cannot convey by bargain and sale {k), by cove- nant to stand seized (/), or by lease and release {m). The King (a) Tit. Testimonies, H. pi. 1. pi. 13. (i) Hob. R.213. (/) 2 Sid. 82. And see Bac. Ab. (c) Godb. 198, 9. Prerog. E. 1. (rf) F. N. B. 17. 2 Hal. P. C. 282. (g) Ibid. The author has been favoured with a {h) See Ibid. Bac. Lane, 54. 1 Ve?. sight of a MS. of lA Chancellor Finch, 453. 1 Cruise, Dig. led. 4(n, 422, in which Rolie's opinion is decidedly 488 j Index, title King. See ante, 217, contradicted, and it is clearly laid down, 235. 39 and 40 Geo. 3. c. 88. s. 12. and party, the King may testify his (k) 4 Cruise, Dig. 175, led. knowledge." (/) Il>id. 187. {e) Bro. Ab. Prerog. pi. 11. cites 2 (w) Ibid. 198. H. 7, 8. See Vin. Ab. Prercg. T.%. may
 * that in a civil Court, between party (/) Read. 60.