Page:Prerogatives of the Crown.djvu/240

220 Revenue. — Forfeitures, [Qi.XL SecL wife of the offender, issue in tail, or a reversioner, cannot enter on them, until it appear by due process, that the King has enjoyed this prerogative [a) : but an office is it seems necessary to entitle the King to it {b) ; and if he do not seize within a year and day after office found, he ought it is said to have a scire facias before seizure [c). It is most probable that antiently the sovereign was only entitled to commit waste on the freehold property of the attainted felon, and that it being discovered that this destruc- tion tended to the detriment of agriculture (d) and otherwise to the prejudice of the public, possession of the lands was given to his Majesty for a year and day in lieu of his right to destroy them. This appears to have first prevailed in the reign of Henry 1 {e). Magna Charta 9 Hen. 3. c. 22. does not men- tion waste, and merely provides that the King shall not hold the lands of those who may be convicted of felony, but for one year and one day ; and Sir Edw. Coke {f) was of opinion that the commission of waste where the King also held the lands, was an encroachment, though a very antient one, of the royiil prerogative. However the statute de prerogativa Regis, 17 Edw. 2. St. 2. c. 16. appears to recognize the right of the King to hold the lands, and also to commit any destruction therein. That statute provides that if a felon attainted have a freehold, it shall be forthwith taken into die King's hands, and the King shall have all the issues thereof, for one yea? and one day ; and the land shall be wasted and destroyed in the houses and gardens, woods, and in all manner of things belonging to the same land. At the present day therefore, this year day and waste regularly belong to the Crown, but are usually compounded for (g) ; and this is the more expedient as this prerogative cannot be granted to a subject by the King (//). We have seen that after the expiration of the year day and waste on an attainder of felony, the lands of the party escheated, in consequence of the corruption of his blood, to the lord of the fee; but the 54; Geo. 3. c. 45. has abolished both ths (a) Staundf. P. C. 191. 2 Hawk. P. 4 Bla. Com. 385, 6. C. c. 49. s. 3. 1 Hal. P. C. 360. (/)2 1nst. 37. And see Mirr. c. 5. (A) Staundf. Prerog. Regis, 55/ b. s. 2. 4 Ela. Com. 385, 6. 53, b. (g) Ibid. 386. (c) Ibid. 54, b. (A) Bro. Ab.Pterog.pl; 104. JcnW. {(l) Sec Go. Ut. 85, -b. 307. pi. 83. (r) Mirr. c. 4. s. 1 6. Flcl. 1. 1. c. 28. corruption