Page:Prerogatives of the Crown.djvu/401

 Ch. XI v.] Privileges and Incapacities of King. 38 1 possession of a corporate office gives the corporator a prescrip- tive title upon an information in the nature of a quo warranto^ exhibited by the Attorney-General, or other officer, on the behalf of the Crown, by virtue of any royal prerogative, or otherwise. Neither is it competent to the Crown to question any derivative title, where the person from whom it is derived was in exercise, de Jacto, of the office or franchise, in virtue of which he communicated the title for a like period of six years. The King is not bound by fictions or relations of law {a); or by estoppels (b), even though such estoppels would affect the party through whom the Crown claims (c). But this does not prevent the King from taking advantage of estoppels, though they ought in general to be mutual {d). It is also an established principle, that where the King's right and that of a subject meet at one and the same time, the King*s shall be preferred {e). Detur digniori is the rule in th« case of a concurrence of titles between the King and sub- ject (f). This rule has been already explained, as it regards debts and remedies in the case of the King {g) ; and there are several cases iix the books on the same doctrine iji). (fl) Jenk. 287. pi. 21. (i) Godb. 299. 1 Co. R. 48. Hob. 339. (c) Staundf. Prerog. 64, a. Godb. 391. {d) Co. Lit. 352, a. b. (e) Co. Lit. 30, b. 4 Co. 55. 9 Co. 129. Hardr. 24. 3 Leon, 251. 16 Vin. 566, 7. (/) 2 Ventr. 268. (g) Ante, 288, &c. {h) See 5 Bac. Ab. 558. Prerog. E. 4. 16 Vin. Ab. 566, tit. Prerog. T.2.pl. 23. " Hence it is said, that if there be a lord mesne and tenant, and the tenant pay the rent at the day to the mesne, before noon j and afler on the same day, the mesne die, his heir with- in age, the tenant shall pay it over again to the King." 3 Leon. 251 . If a woman marry and hath issue, and lands descend to the wife, and the husband enters, and after the wife is found an idiot by office, the lands shall be seized for the King ; according to this maxim, that when the title of the King and a common person begin at one instant, the title of the King shall be preferred, Co. Lit. 30, b. So, if the woman had been the King's nief, and one had mar- ried her without the King's license, &c. and lands had descended before or after issue, yet the King, upon office found, shall have them. Co. Lit. 30, b. 4 Co. 55. Baron and feme joint purchasers of a term for years, the husband drowns himself, the lease is forfeited, and wife surviving shall not hold it against the King or his almoner ; because the title of the King and a common person com- ing together, the King's shall be pre- ferred. Dyer, 108. Plowd. 260. Dam« Hale's Caie. On