but also to support the dignity of his office, and to reward his valour in the field. Thus each petty monarch of the Heptarchy came to be possessed of a landed estate of great value and extent; and when all the domains of these different kingdoms united to enrich one Sovereign, the whole must have yielded a very considerable revenue. Considerable additions must have arisen from the extensive confiscations of manors and lordships, &c. which subsequently took place in times of civil commotion and rebellion (a).

But whatever might be the original value and extent of the landed property of the Crown, and however great the accessions which it might receive, and though the strictest laws were enacted to prevent its alienation, and to check encroachments, yet the royal domains of England have shared the same fate with those of other countries, and hardly a vestige now. remains of the extensive property which William I. and some of his successors were possessed of; in consequence of the numerous royal grants; arising from the generosity, the weakness, or profusion of the Crown (b). This frequently occasioned the interference of Parliament, and particularly in the reign of Queen Ann (c); after William 3d. had greatly impoverished the Crown; an Act passed to restrain the alienation of the Crown lands, and subsequent provisions have been made for the same purpose. By the statute of Ann, grants, leases, or other assurances from the Crown, of any tenements, except advowsons of churches and vicarages," in England, Wales or Berwick upon Tweed," belonging to the Crown, "whether in right of the Crown of England, or as part of the principality of Wales (d), or of the duchy or county palatine of Lancaster (e), or otherwise howsoever", for any longer term than thirty-one years, or three lives, are declared to be void: and no reversionary lease can be made, so as to exceed, together with the estate in being, the same term of three lives or thirtyone years; that is, where there is a subsisting lease, of which there are twenty years still to come, the King cannot grant a future interest, to commence after the expiration of the for

(a) See 1 Sinclair 19, and 1 Bla. Com. 286.

(b) Recital, 1 Ann. st. 1. c. 7. s. 5. 1 Sinclair, 26.

(c) 1 Ann. st. 1. c. 7. s. 5.

(d) See 54 Geo. 3. c. 70. s. 8.

(e) 34 Geo. 3. c. 75. s. 20. 47 Geo. 3. sess. 2. c. 24.

mer,

mer, for any longer term than eleven years (a). The tenant must also be made liable to be punished for committing waste; and a fair and reasonable rent must be reserved (b). The 8th section of the Act excepts its operation in the cases of grants, &c. in the duchy of Cornwall, according to statute 12 and1 3 Wm. 3. c. 13. of grants and restorations of forfeited estates; of grants, &c. of lands seized on outlawry or Crown process; of grants and admittances which of right or custom ought to be made of copyholds, parcel of Crown manors; and in the case of trustees for sale of fee-farm and other rents according to certain statutes (c). By the 34 Geo. 3. c. 75. the King may grant lands for building for any term not exceeding ninety-nine years or three lives at certain fines and rents, and on certain terms (d): and Crown leases are not to be renewed, till within a certain number of years prior to their expiration (e).

The statutes do not however prevent an exchange of Crown lands for lands of equal value (f). And by the 39 and 40 Geo. 3. c. 88. exceptions are made to these statutable provisions and restrictions, in the case of lands and tenements purchased by the Crown out of the privy purse, or other monies not appropriated to any public service; or which come to the King or his successors, &c. by the gift or devise of, or by descent, or otherwise, from his ancestors or private persons. These his Majesty may grant, sell, give or devise, as his subjects may their property: but if not entirely disposed of by grant, will or otherwise, the same, or the estate therein undisposed of, shall, on the demise of the Crown, descend, as if the Act were not made, and subject to the restrictions in the statute

(a) 1 Bla. Com. 286, 7.
(b) 34 Geo. 3. c. 75. s. 4.

(c) As 22 Car. 2. c. 6. 23 Car. 2. c. 24. See 19 Geo. 3. c. 45.

(d) See other cases of charitable institutions, &c. in which the King may grant leases, reserve rent, &c. 46 Geo. 3. c. 151. As to ascertaining rent where houses to be rebuilt, 48 Geo. 3. c. 73. s. 23. And as to leases of property as uncertain in its produce, see 48 Geo. 3. c. 73. s. 21. By 26 Geo. 3. c. 87. amended by 30 Geo. 3. c. 50. Commissioners were appointed to inquire

into the state and condition of the woods, forests, and land revenues of the Crown, and to sell fee-farm and other inimprovable rents. And see 34 Geo. 3. c. 75. See grant of palace, &c. in Greenwich Park, 47 Geo. 3. sess. 1. c. 52. s. 2. Forest of Brecknock, 55 Geo. 3. c.190. see further 57 Geo. 3. c. 24.

(e) Crown leases for gardens, &c. how renewable, 48 Geo 3. c. 73. s. 4. Purchase and surrender of Crown leases, 55 Geo. 3. c. 55.

(f) 1 Bla.. Com. 287, n. (52.) Archb. ed. cites Vin. Ab.

of

of 1 Ann, &c. And the 6th section subjects such lands, &c. to taxes, whilst they belong to the Crown, &c. Copyholds and leaseholds which thus come to and are vested in the Crown, are by section 2. vested in trustees appointed by the Crown (a).

Even at common law, the leaning and endeavour seems always to have been to preserve entire and to keep in the possession of the Crown its demesne lands and possessions, as materially conducive to its dignity and honour. Various ex-ceptions in favor of the King's grants of lands from common law rules, are occasionally to be met with (b); and Sir Wm. Blackstone regrets that the legislative restrictions on the alienation of Crown lands were made "too late, and after almost every valuable possession of the Crown had been granted away for ever, or else upon very long leases; but such restrictions may be of some benefit to posterity when those leases come to expire (c.)"

The King has two capacities, the one natural and the other politic; and the general rule seems to be that the latter shall prevail, so that lands given to the King and his heirs shall descend, as if they were given to him and his successors (d). Even at common law, the rule seems to have been, that lands and possessions whereof he was seized jure corona; (as purchases made after assumption of the Crown, tenements which have usually been annexed to the Crown, acquisitions by conquest, &c.) shall secundum jus corona attend upon and follow the Crown. Therefore to whomsoever the Crown descends, these lands and possessions descend also, and not to another, who might otherwise be heir at law to the King in his natural capacity; the lands and the Crown being concomitantia (e). Hence if an usurper purchase lands, and the right heir resume the Crown, he shall have the purchase: et e converso, an usurper shall have the purchases made by a rightful King, so long as he has the Crown (f). So if lands in gavelkind descend to the King and his brother, the King shall take one moiety and his brother the other; but when the King dies, his moiety shall

descend to his eldest son, and not according to the rules of descent in gavelkind; for the King was seized of his moiety jure coronæ, therefore it shall attend the Crown, and consequently go to the eldest son (a). As observed by Lord Holt, "the King can have nothing in his natural capacity, unless in right of his duchy or an estate-tail, by the statute de donis, and duchy lands would now be in the Crown, if not kept separate by (b) Act of Parliament (c)." It was laid down by Lord Hale (d), that "purchases made before accession of the Crown, or descents from collateral ancestors after descent of the Crown, vest in a natural capacity; and that therefore in the re-ademption of the Crown by Edward 4. there was a special Act to give to the King all the possessions of Hen. 6. But such lands are qualified and affected differently from those of other persons. They will pass by letters patent only and without livery; and the grants of them shall not be effected by nonage, et similiter." We have just seen, that though lands purchased out of the private monies of the Crown, or which came to the Crown by descent, &c. may be granted and devised, &c.; still if no such grant or devise be made, they descend with the Crown on the decease of the King, and the restrictions which in general obtain, in whatever capacity the Crown lands are holden, then apply. As Crown lands in general descend in the same manner as, and with the Crown, it will be sufficient to refer to the first chapter for information on the subject.

We have already mentioned the sovereignty of the Crown over the seas and navigable rivers within his dominions. The King is also by his prerogative, on principles of expediency or as lord paramount of the soil, the owner of such lands as are covered by the narrow seas adjoining the English coasts, or by arms of the seas or navigable rivers, within his dominions (e); and is therefore entitled to maritima incrementa, or lands which increase by the casting up of sand and earth from the sea. If

(a) Plowd. 205, a. Co. Lit. 15, b. (b) The statute of 1 Hen. 4, provides, that when the duchy lands come to the King, they shall not be under such government and regulatious as the demesnes and possessions belonging to the Crown, for the Act зays, Quod taliter et

tali modo et per tales officiarios et ministros gubernentur et si ac culmen dignitatis' regiæ assumpti minime fuissent. Raym.

90.

(c) 7 Mod. 78.

(d) Co. Lit. 15, b. note 4.

(e) Ante, ch. 8. s. 2. div. 7. Fisheries.

indeed such increase be so insensible that it cannot be by any means ascertained that the sea was there, the King has no claim to land so increased, and the owner of the adjacent property is entitled thereto (a).

So the King by his prerogative is entitled to such lands as become derelict by the sudden desertion of the sea, or a river where there is a flow of the sea; and such lands belong immediately to the King, because they never were apportioned out to any of his subjects (b). But the King is not entitled to lands left dry by a river in which there is no tide; for such lands are supposed to have been distributed out as other lands, and therefore belong to the owners of the soil on both sides (c). Nor can the King claim such lands as are regained from the sea after having been covered by it several years, if the former owner can recognize the land which belonged to him, before his land was covered by the water; for in this case an owner being found, the King's title which depended on the want of such owner, is excluded (d). As to the islands arising de novo in the King's seas, or the King's arms thereof (that is called an arm of the sea where the tide flows and reflows, and that only (e)), these primâ facie and of common right also belong to the King, for they are part of that soil of the sea that belonged before in point of propriety to the King; for when islands de novo arise, it is either by the recess or sinking of the water, or by the exaggeration of sand and slab, which in process of time grow firm land environed with water; and thus some places have arisen, and their original recorded, as about Ravesend in Yorkshire (ƒ).

The King is also, by his prerogative, the prima facie owner of the shores, (that is the land which lies been high and low water mark, in ordinary tides (g)), of the seas and navigable rivers, and arms of the seas, within his dominions (h). A sub