Report No. 60

10.18. Paramountcy of title of the State.-

The second justification for the rule of priority is the doctrine that wherethe title of the King and the title of a subject concur, the King's title must be preferred. The following statement, to be found in Coke's Commentary on Litigation, which was quoted in a Bombay case,1 may be referred to in this context:-

"The King, by his prerogative, regularly is to be preferred, in payment of his duty or debt, before any subject, although the King's debt or duty be the latter; and the reason hereof is for that the soures rigis est jundamentum belli et firmamentum pacis."

Coke pointed out this right is based upon the Latin maxim Quando jus domini regis et subditi concurrent, jus regis preferferri debet. (Where the title of the King and the title of a subject concur, the King's title must be preferred).

1. Secretary of State v. Bombay Landing and Shipping Co., (1863) 5 BHCR 23.