in his own distinct capacity (a), it may, however, be observed, that the following are the chief parts of the extraordinary revenues of the Crown, viz.-The land-tax and malt-tax; the customs or duties on goods; the excise duties; the salt duties; the post-office duties; the stamp duties; the duties on houses and windows, on servants and hackney-coaches, and numerous other taxes might be mentioned (b)—“ a list,” to use the words of Sir Wm. Blackstone (c)," which no friend to his country would wish to see further increased." SECT. III. Other Crown Property. As the antient jewels and treasure of the Crown are necessary to support the splendor and dignity of the Sovereign for the time being, they are considered heir-looms, and descend to the successor to the Throne, and not to the executor of the last Monarch (d), and, consequently, they are not devisable. But it is said (e), that the King may dispose of them in his lifetime, by letters patent. With respect to prerogative copyright, we may refer to the admirable remarks (ƒ) of Lord Erskine, at the bar of the House of Commons, as counsel of Carnan, the bookseller, who resisted the monopoly of almanacks, obtained under a supposed prerogative copyright in those publications: "On the first introduction of printing, it was considered, as well in England as in other countries, to be a matter of state. The quick and extensive circulation of sentiments and opinions which that invaluable art introduced, could not but fall under the gripe of Government, whose principal strength was built upon the ignorance of the people who were to submit to them. The press was, therefore, wholly under the coercion of the Crown, and all printing, not only of public books, containing ordinances, religious or civil, but every species of publication whatsoever, was regulated by the King's proclamations, prohibitions, charters of privilege, and, finally, by the decrees of the Star Chamber. "After the demolition of that odious jurisdiction, the Long Parliament, on its rupture with Charles the First, assumed the same power, which had before been in the Crown. After the Restoration, the same restrictions were re-enacted, and reannexed to the prerogative, by the statute of the 13th and 14th of Charles the Second, and continued down by subsequent Acts till after the Revolution. In what manner they expired at last, in the time of King William, I need not state in this House. Their happy abolition, and the vain attempts to revive them in the end of that reign, stand recorded on your own journals, I trust, as perpetual monuments of your wisdom and virtue. It is sufficient to say, that the expiration of these disgraceful statutes, by the refusal of Parliament to continue them any longer, formed the great æra of the liberty of the press in this country, and stripped the Crown of every prerogative over it, except that which, upon just and rational principles of government, must ever belong to the executive magistrate in all countries, namely, the exclusive right to publish religious or civil constitutions-in a word, to promulgate every ordinance by which the subject is to live, and be governed. These always did, and from the very nature of civil government always ought, to belong to the Sovereign, and hence have gained the title of prerogative copies." It is, therefore, on grounds of political and public convenience, that the prerogative copyright exists, and its applicability must be restrained to the reasons for its existence. The law reprobates monopolies, and even in the case of the Crown, they are only allowed to subsist when necessity requires it. It is 1. As executive magistrate, that the Crown has the right of promulgating to the people all acts of state and government. This gives the King the exclusive privilege of printing, at his own press, or that of his grantees, all Acts of Parliament, proclamations, and orders of council (a). 2. As supreme (a) 1 Bla. Rep. 105. 2 Burr. 661. 2 Bla. Com. 410. And see 5 Bac. Ab. tit. Prerogative, F. 5. Generally, Millar v. Taylor. 4 Burr. 2305. head head of the church, he hath a right to the publication of all liturgies, and books of divine service, &c. (a). 3. He is also said to have a right, by purchase, to the copies of such law books, grammars, and other compositions, as were compiled or translated at the expense of the Crown (6). And upon these two last principles combined, the exclusive right of printing the translation of the bible is founded (c). There are, however, very forcible objections against any prerogative monopoly in bibles, bona fide published with annotations, prints, and explanations. And in the case of Grierson, the King's printer at Dublin, v. Jackson, which originated upon an application for an injunction to prevent the defendant from printing an edition of the bible in numbers with prints and notes; Lord Clare asked, if the validity of such a patent as the King's printer enjoyed, had ever been established at law? and said, that he did not know that the Crown had a right to grant a monopoly of that kind. He further added, "I can conceive the King, as head of the church, may say, that there shall be but one man who shall print bibles and books of common prayer, for the use of churches, and for particular purposes; but I cannot conceive that the King has any prerogative to grant a monopoly as to bibles for the instruction of mankind in revealed religion. If ever there was a time which called aloud for the dissemination of religious knowledge, it is this; and, therefore, I should, with great reluctance, decide in favor of such a monopoly as this, which must necessarily confine the circulation of the book. As to very particular purposes, I have no doubt that the patentee has an exclusive right to print bibles and prayer-books; but unless I am bound very strictly, I will not determine upon motion that no man but the King's printer has a right to print such works as these." The Crown has no prerogative copyright in almanacks (d). But the King has no prerogative property in the art of printing, nor can he restrain the press on account of the subject-matter upon which the author writes, or his mode of treating it. He has no controul over the press, but what (a) 1 Bla. Rep. 105. 2 Burr. 661. 2 Bla. Com. 410. And see 5 Bac. Ab. (c) Ibid. (d) 2 Bla. c. 56. s. 10. Rep. 1004. 21 Geo. 3. Speech, in 1 vol. Coll. of his Speeches, p. 42, &c. arises from his property in his copy (c). So the King cannot, by law, grant an exclusive privilege to print any book which does not belong to himself. If there be no certain author, the property is not in the King, but is common and crown-copies are, as in the case of an author, civil property; which is deduced, as in the case of an author, from the King's right of original publication. The kind of property in the Crown, or a patented from the Crown, is just the same, incorporeal, incapable of violation, but by a civil injury, and only to be vindicated by the same remedy, an action upon the case, or a bill in equity. The King's copyright continues after publication (b). The rights of the Crown as to lands (c) and franchises (d), and as to bona vacantia, as general occupant (e), have been. already considered. There is this peculiar quality attached to the mode of acquiring property by prerogative, that the King cannot have a joint property with any person in one entire chattel, or such a one as is not capable of division or separation; but where the titles of the King and a subject concur, the King shall have the whole; in like manner as the King cannot, either by grant or contract, become a joint-tenant of a chattel real with another person (f); but by such grant or contract shall become entitled to the whole in severalty. Thus, if a horse be given to the King and a private person, the King shall have the sole property if a bond be made to the King and a subject, the King shall have the whole penalty, the debt or duty being one single chattel (g). And so, if two persons have the property of a horse between them, or have a joint debt owing them on bond, and one of them assigns his part to the King or is attainted, whereby his moiety is forfeited to the Crown, the King shall have the entire horse and entire debt (h); for as it is not consistent with the dignity of the Crown to be partner with a subject, so neither does the King ever lose his right in any instance; but where they interfere, his is always preferred (a) 4 Burr. 2332. 2401. (b) Ibid. 2401. 5 Bac. Ab. 598. (c) Ante, ch. 11. s. 1. (d) Ante, ch. 8. s. 2, &c. (e) Ante, ch. 8. s. 2. div. 3. (f) 2 Bla. Com. 184, 409. (g) Fitzh. Abr. t. dette, 38. Plowd.' 243. (h) Cro. Eliz. 263. Plowd. 323. Finch, Law, 178. 10 Mod. 245. See 1 Wightw. 50. to to that of another person (a); from which two principles it is a necessary consequence that the innocent, though the unfortunate partner, must lose his share in both the debt and the horse, or any chattel in the same circumstances (b). However in favor of commercial interests, it has been recently holden, that on an extent against one of several partners, only the interest of that one can be taken (c). And as the prerogative works no wrong, the general rule seems to be in the cases of real estates, that if by descent, &c. a share of land come to the King, though his Majesty cannot be joint-tenant with the other proprietor, he shall not have the whole, but only his portion (d). And the King and a subject may be tenants in common (e). Grants from the Crown will be considered hereafter (f), but some important provisions in a late Act may be here stated with propriety. By the 39 and 40 Geo. 3. c. 88. s. 10. after reciting that it was his Majesty's most gracious desire that all such personal estate and effects, as his Majesty shall be possessed of or entitled to at the time of his demise, and over which he shall have the full and absolute power of disposition, by his last will and testament, should be subject and liable to the payment of all such debts of his Majesty as shall, during his lifetime, be properly payable out of his privy purse: and that it is reasonable that all such personal estate and effects as any of his Majesty's successors, Kings or Queens of this realm, shall be possessed of or entitled to in like manner, should also be subject and liable to the like charge; and it is expedient to fix and regulate what personal estate and effects of his Majesty and his successors are subject to such testamentary disposition, and in what form such disposition shall be made. It is enacted and declared, that all such personal estate of his Majesty and his successors respectively, as shall consist of monies which may be issued or applied for the use of his or their privy purse, or monies not appropriated to any public service, or goods, chattels or effects, which have not or shall not come to his Majesty, or shall not come to his successors respectively, with (a) Co. Lit. 30. (b) 2. Bla. Com. 409. (c) 1 Wightw. 50. (d) Plowd. 247, a. So if an alien and natural born subject buy land, King shall only have alien's moiety, 1 Inst. (e) Bro. Ab. Prerog. pl. 105. or |