The King may, by his prerogative, charge an imposition upon the subject for his benefit, as he may grant a certain rate for things sold in a town, for the walls of the town, or repairing the bridge, or the security of those parts. Or that a man may build a wall, or keep a ferry, and take toll for the support of it. But he cannot charge the subject where he has no benefit from it, or a quid pro quo, nor levy new customs, &e. Nor can the merchants, by their consent, grant to the King a tax upon their goods, for their wares would thereby be sold the dearer. Upon all which we must observe, that it should appear this branch of the prero gative is fallen into disuse, and can scarcely now be claimed, as being altoge ther inconsistent with the spirit of the re volution in 1688. And we now see that in all cases where a pier is to,be built, or a turnpike-road made, or improvements are made in cities, application is had tO Parliament, and a bill is passed. This, it is true, may be, partly, because it is often necessary to borrow large sums of money, and to purchase lands by com pulsion., &c. ; but we still may venture to question this prerogative, although we find it in books of great authority pre viously to the reigns of Charles the First and Second.
As to casual profits, the King is enti tled to all goods which have no owner, as wreck, flotsam jetsan, and ligan, waifs, strays, goods of felons, deodands, trea sure-troves, escheats, and lands forfeited. He is entitled also to royal mines, and the fishery of every navigable river, as high as the sea flows : but every one may fish in the sea of a common right, although foreign nations cannot fish in the British Seas without the King's licence. There are also certain fines, upon legal proceed ings, which the King claims by his pre rogative; and anciently-, a fine was paid for liberty to have right and justice, which is now abolished by Magna Charta 29, nulli vendentus, &c. So fines for beau pleader, for grants of liberties, and for misdemeanors, with all arm erciaments, which are levied by the Sheriff and es treated into the Exchequer.
All the lands in the kingdom, it is said, are holden mediately, or immediately, of the King, who has no superior; and this is the foundation of the law of forfeiture and escheats : but this, however in prac tice it may be harmless, is a principle rather derived from the divine right of kings, than the spirit of the revolution, which considers the King rather as deriv ing every thing from the people, and holding the throne itself in trust.
Whatsoever lands, or tenements, the King has, belong to him in right of his crown, and are called the sacred patri mony, or demesnes of the crown, says Lord Coke ; and whether lands descend, or are devised, or given to him and his heirs by statute, or otherwise, they go as parcel of the crown. The King, there fore, it seems, cannot divest himself of his public character, but has all his real possessions, for it does not seem to ex tend to money, merely as king.
All conveyances to the King ought to be by deed, enrolled ; and where a sub ject would not have possession without entry, there the King has it not without office found, or other record. But if the King's title is so found upon an inquisi tion, he is in possession without seizure ; and where a common person cannot en ter without an action, there the King ought to have a wire fizcias. But no officer
is necessary where the King's title ap pears by other matter of record, and where he is so seized he can never be ejected, or disseized ; but every one who enters upon his possessions is called an intruder ; the remedy upon which is by an information of intrusion. The remedy against the King is by petition to the King in Parliament, in Chancery, or some other court, for there can be no writ, be cause the King cannot command himself, as it is quaintly expressed. There is also another proceeding by monstrance de droit, which is, where the suitor's title appears by the same record as that of the King. Even upon an office fbund, there may now be, by statute 34 Edward III. c. 14, a traverse, denial, or litigation of it.
The King, by his prerogative, may sue in what court he pleases, and shall not be prejudiced by any neglect to pursue his right, which is meant by the maxim Indium tempts, &c. or no time runs against the King. Though now, by statute 9 George III. c. 16, the King's suit, except for liberties and franchises, is limited, un dercertain conditions,tu 60 years for lands.
As to the disposal of the personal reve nue of the King, this can only be by the . • Great or Privy Seal ; and every one whO receives money out of the Exchequer, without clue warrant, isacoonntable for it. He may, it is said, dispose of his lands "Pi and other real revenues of inheritance, by patent, to others, when he pleases. . And by statute 1 Anne 7, s. 5. all grantA by the King, of any manors, lands, &e. advowscms of churches and vicarages excepted, shall be void, except fbr 31 years or under, or for 3 lives, &c. sub ject to waste, and at the usual rent, or more, or if no usual rent, then a rent at least one-third of the an nual value. By the same act, the here ditary excise, revenue of the post-of fice, first fruits and tenths, fines for writs of covenant, and entry at the alienation office, post fines, wine li cences, sheriff's profers and compositions, and seizures for unaccustomed and prohi bitedgoods,shall italic alienable for longer than the life of the King who grants them.
It is to be observed that much of the King's prerogative, producing revenue, has been from time to time granted out with various manors, and the article of forfeitures, which'might in some cases be somewhat profitable, is very little en fOrced. When a forfeiture. is discover ed, the officers of the crown generally allow a portion to the informer ; some times one-sixth. It has been proposed, by Mr. Bentham, to make forfeitures of land supply, in some measure, the place of taxes, and to restrain the pow er of bequest of land to certain de grees of kindred only, Blackstone and others, however, though they approve of the statute of Anne to prevent the im properly granting away crown lands, consider the great diminution of the landed demesnes of the crown well ex changed by the subject for the lighter burthen of taxes, since, had things re mained as at the conquest, the King would, by forfeiture and otherwise, have possessed all the land in the kingdom. The observation is short-sighted enough, for no people would hare tolerated it. William possessed all the lands by force, only to parcel them out like a robber among his troops, and had he not speedily parted with them, he and they must have found that he who grasps all loses all. See REVEN COL