Ch. XV.] By what Statutes hound. ms using the right, as well as a subject («). And though upon the construction of a statute, nothing " shall be taken by equity," (or relaxed construction,) against the King [h] ; yet it has been observed by J. Doderidge (c), that " where the subject has authority to do a thing by the express letter of a statute, this shall not be taken away by any strained construction, though it be for the benefit of the King." And the Crown, though not named, is bound by the general words of statutes which tend to perform the will of a founder or donor {d). But Acts of Parliament which would divest or abridge the King of his prerogatives, his interests or his remedies, in the slightest degree, do not in general extend to, or bind the King, unless there be express words to that effect [e). There- fore the statutes of limitation, bankruptcy, insolvency, set-of!^ &c. {f) are irrelevant in the case of the King ; nor does the statute of frauds (g) relate to him [h). So on the statute quia emptores^ that none shall alien lands in fee to hold of himself (/), and Magna Charta, that common pleas shall be holden in some certain place [k) : and other instances might be mentioned [I), And in mere indifferent statutes, directing that certain mat- ters shall be performed as therein pointed out, the King is not (a) 4 Mod. 207. Show. R. 208. Crooke's Case, By an Act of Parlia- ment, 22 Car. 2. c. 11. the parishes of St. Michael, Wood Street, and St. Mary Staining, in London, were united and established as one parish church ; and it was provided, that the first pre- sentation should be made by the patron of such of the said churches, the en- dowments whereof were of the greatest valae j the King was patron of St. Mary Staining (of far less value), and a com- mon person patron of St. Micfiael, Wood Street, who presented Mr. Crooke ; on a caveat entered against the institution, it was determined by civi- lians, by the advice of lawyers, at Doc- tors' Commons, that this statute, though in the affirmative, and without any ne- gative words, extended to, and so far bound the King, as to deprive him of any preference he might have by his prerogative, as in cases where his inter- est is intermixed with others j and that the Act of Parliament, giving a new estate to the King, and prescribing the manner of enjoyment^ the method li- mited must take place of the King's prerogative. {b) Godb. 308, arg. cites Plowd. 233,4. (c) Rol. R. 67. See 10 Rep. 84. {d) Vin. Ab. Statutes, E. 10. pi. 11. cites 11 Rep. 72, b.73, a. (e) 19 Vin. Ab. Statutes, E. 10. Bac, Ab. Prerog. E. 5. (/) Ante, 366. (g) 29 Car. 2. c. 3. (A) 1 Salk. 162. This doctrine as to the statute of frauds, doubted by Lord Hardwicke. 3Atk. 154. (0 Lit. s. 140. Co. Lit. 98. Plowd. 240. 11 Co. 68, b. (Jt) Plowd. 240, b. 244, a. ante, 77. (0 See Bac, Ab. Prerog. E. 4. thereby
