Page:Prerogatives of the Crown.djvu/40

 20 Bights incident to Allegiance, [Ch.IL Sec. III. It is a general rule, that the King, as executive magistrate and re])reseiitative of his people, possesses the power of ex- empting individuals from their common law liability to serve in- certain public olhces and employments, although such offices and employments are not under the immediate con- troul of the Crown, and the persons who fill them are not appointed by the King, [a] It has, therefore, been held, tliat the Crown may exempt a subject from the offices of She- rifli {h) Alderman of London, (c) Juryman, {d) Constable, and other offices and employments of a similar description, (e) It is, however, an established rule of law, that the King can- not grant an exemption from duties which are imposed by statutes, and which affect the general interest of the realm, [f) Therefore, where a statute enacted, that " The Lord Lieute- nants of the several Counties should charge any person with horse and arms for the maintenance of the militia, &c." a charter of exemption from such charge was held invalid, [g) Nor are grants of exemption from the Crown valid where they might occasion a failure of justice, and a public injury ; and, consequently, the King cannot exempt a whole county or hundred from serving on juries. (A) And it is a most impor- tant limitation of the power of the King in this respect, that his Majesty cannot exempt a person from his liability to be elected a member of, and to serve in Parliament, (/) on ac- count, it should seem, of the nature of the employment. The power of the Crown to grant exemptions from the liability of seamen to be pressed, may be rested on the consideration that (u) 1 Term Rep. 679, 686, &c. charter of exemption dops not extend (i) 1 Ld. Raym. 32, 3. Savil. 43. to the Court of King's Bencli, imless S Co. 11. 46. b. 5 Bac. Ab. 520. particularly named ; nor to any case Prerog. C. 2. where the King is concerned, unless it (c) Sid. 287. 5 Bac. Ab. 608. tit. has these words, licet tangat nos. And Privilege A. the Sh^j^ff must not return such privi- {(1) 2Rol. Ab. 198. R. 2; 199. 1. 5. lege, but the persons who would have Sav. 43. Sid. 127. 243. Raym. 113. the benefit of it must claim it. 5 Bac. Hardr. 389. Dougl. 4th ed. 188. It is Ab. Privilege A. p. 609. Dougl. 1 88. said in 3 Bac. Ab. 738, 9. that it seems (e) See 6 Com. Dig. 49, tit. Prero- that such exemption does not extend to gative D. (D. 53.) jurors returned into the King's Bench, (/) 2 Rol. Ab. 198. K. pi. 1. 202. T. unless there be express words including pi. 2. Bac. Ab. Privilege A. that Court; also, by the better opinion, (g) 8 Mod. 12, the Sheriff cannot return such privilege {h) Bac Ab. Juries E. fiL of exemption, but each particular juror (i) 4 Inst. 49, See. 2 M. and Selw. must cotne in an J demand it. But such 214. the