Page:Prerogatives of the Crown.djvu/225

Ch.Xr. Sec.I.] Re'venue. 205 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 {h) ; and Sir Wm* Blackstone regrets that the legislative restrictions on the alien- ation 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 su,ch 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 coronce ; (as pur- chases made after assumption of the Crown, tenements whiteh have usually been annexed to the Crown, acquisitions by con- quest, &c.) shall secundum jus coronas 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 (/). 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 (a) See 56 Geo. 3. c. 16, which re- (c) 1 Bla. Com. 287. gulates offices for the receipt of Crovrn (rf) 1 Kyd. 74. rents. (c) Co. Litt. 15, b. and n. 4; 16, a. (b) See Co. Lit. 21, b. 5 Bac. Ab. 7 Co. 10, 12. 9 Co. 123. Plowd. 212. 553, tit. Prerogative, F. 3, &c. (/) Co. Lit. 15, b. note 4. 6 descend