Page:Prerogatives of the Crown.djvu/256

236 Revenue. — Escheats. [^Ch. XI. Sec. I. as good a lease as it can give, to the person making the dis- covery {a), 5, The profits arising from the King's ordinary Courts of Justice form another branch of his ordinary and inherent revenue. And these consist, according to Sir Wm. Black- stone (b), not only in fines imposed upon offenders, except in the case of a fine on an indictment for not repairing a high- way (c), forfeitures of recognizances, and amercements levied upon defaulters ; but also in certain fees due to the Crown in a variety of legal matters, as for setting the great seal to char- ters, original writs, and other forensic proceedings, and for pennitting fines to be levied of lands in order to bar entails, or otherwise to ensure their title. As none of these can be done without the immediate intervention of the King, by him- self or his officers, the law allows him certain perquisites and profits, as a recompense for the trouble he undertakes for the public. These in process of time have been almost all granted out to private persons, or else appropriated to certain particu- lar uses ; so that though our law proceedings are still loaded (a) 7Ves. jun. 71. The following is a sketch of the form of a *' Warrant under the Sign Manual," for granting a freehold, &c. (forfeited by alienage) upon trust for sale, for the benefit of the alien and his wife. It recited that the Commissioners of the treasury had represented, that by inquisition before four commissioners, before a jury of twelve men that the alien had purchas- ed by deed, &c. certain premises (de- scribing them) ; that the premises de- volved to the Crown by prerogative ; and the Commissioners had accordingly seized the same into the King's hands ; that the alien by memorial had repre- sented and discovered the circumstances and the King's right, to the Commis- sioners of the Treasury; and prayed them to intercede for a grant from the Crown, and for relief; that the Treasu- ry had so done ; it then granted the premises to trustees, their heirs, &c. upon trust, to carry into eflfect any con- tract by the alien for the sale of them, and to sell, &c. ; that the Trustees' receipts should be a discharge to purchasers, &c.; that the surplus of the purchase-money should be paid to alien, after paying <;osts therein meiv- tioned, for his own use ; that the trus- tees should stand possessed of the rents and profits till sale, upon trust, to be ap- plied in the manner therein directed. It then contained prorisions for appointing new trustees, and for their indemnity in the usual way. ** Given at the Court, &,c. day of in the 56th year of the reign , &c." {b) 1 Bla. Com. 389. (c) 3 Salk. 32. 13 Geo. 3. c. 78. s. 47. 1 Bla. Rep. 602. Where an Act of Parliament directs a fine at the will of the King, it means at the constitu- tional discretion of the Judges, 3 SaJk. 33. 4 Inst. 71. As to mitigating and remitting fines, 1 Chitty, on Grim. L. 809, 811. K. B. may give part to pro- secutor, Ibid, 810. Bac. Ab. Indict- ment, A. with