case the queen against smith in a conviction for steal deer in the king forest  it be not necessary to show in what capacity the king be seize of the forest  for he be presume to hold all his property in right of the crown SC salk  conviction on the statute of deerstealing in the king forest of Rockingham the  kill be in the time of king William the three and the conviction in the time  of queen whether modern Broderick object that it be necessary to show in what  capacity the king be seize of the forest for by the statute a three part of  the penalty be give to the king and therefore if the king be seize in his  natural capacity it ought to go to his executor if in his politic capacity it  ought to go to the queen holt chief justice the king can have nothing in his  natural capacity if it be not in right of his duchy dyer pl Plowd a or a  estatetail by the statute of gift see   light b for if the king purchase land  to he and his heir he shall have it in his politic capacity and wherever the  king be say general to be seize it shall be intend a seize jure coronae and  duchylands will now be in the queen if they be not keep separate by Act of  parliament the land and possession of the duchy of Lancaster be separate from  the crown by a charter of Henry the four make by authority of parliament keb t  raym Plowd Lutw see also the statute Henry c Henry c Philip mary c c and if  the queen shall create a duke of Lancaster at this day he will not of  consequence have the duchylands and further it be not material upon the  conviction or judgement who shall have they another exception be that the  conviction lie the kill to be in the forest of Rockingham where deer be usual  keep and without the leave or consent of any entrust with the keep of the say  forest or the say deer and a forest have many walk and officer and it ought to  exclude the leave and consent of any of they holt chief justice it have be  indeed hold that judge be not bind to take notice of the law of the forest ex  duty but I know no reason for that but if you have leave of any particular  keeper of any particular part of the forest you can not be find guilty for  leave of a deputy be leave of a principal and the conviction be affirm