Page:Prerogatives of the Crown.djvu/406

386: Croxvn Grants, [Ch.XVI. Sec.L than the port of S. shall pay treble customs {a), are respectively unfounded. And merchants are not, it seems, bound by their voluntary grant to the King of a tax on their goods ; as that would induce them to sell at higher prices (b). But in certain cases where there is a substantial quid pro quo, a real benefit to the subject of which he can and does avail himself; the King may by grant impose a reasonable charge on his subjects for a limited or other period. Therefore the King may grant a market, fair, ferry, &c. with liberty to take toll (c) : and by prescription, a subject may claim pontage, for building and keeping a bridge ; or murage, for erecting and keeping a wall for defence, &c. {d) ; or toll thorough, that is, toll for passing a highway kept in repair, &c. by the claimant, there being a good consideration and benefit moving to the subject {e). The writ of ad quod damnum {/), which is in general issued previous to the grant of a fair, &c. shews how zealously the law has con- sulted the common weal in these cases. So a grant from the Crown, in derogation of the common law, as that one should hold a court of equity, &c. (g) ; or that an estate should descend contrary to the common law, as according to the custom of gavelkind, &c. (h) ; or contravening the statute law, as the Navigation Act, &c. (/), is void; for the King cannot make law or custom by his grant. And if penalties are given by Acts of Parliament for relief of the poor, the King cannot ' dispose of them otherwise {k). It is scarcely necessary to mention that the King's grant$ are invalid, when they destroy and derogate from rights pre- viously vested in another subject by grant, &c. (/). ' Having thus mentioned the principal cases in which the JCing is restrained in his grants, it will naturally be our nei^t subject of inquiry, in what instances no such restraint exists. (a) 2 Inst. 61. Ante, 76. (i) 2 Rol. Ab. 173. 1. 20, 25. (h) 2 Rol. Ab. 164. 18 Vin. Ab. r (c) Ante, 194, 5. 2 Rol. Ab. 171 . 1. 30; Prerog. M. b. pi. 23. Bro. Ab. Patents, 209. 1. 42. Bro. Patents, pi. 12. Com. pi. 25, 41, 100. Ibid. Prerog. pi. 53 Dig. Prerog. D. 48, and tit. Toll. 18 and 103. But it seems the King may Vinr Ab/Prerog. M. b. pi. 19. convey in fee, with a condition restrain- {d) Ibid. Bro. Ab. Contempts, pi. 4. ing the grantee from alienating. Bro. -Noy. 176. Ab. Prerog. pi. 102. - (€) 1 Wils. 299. 1 T. R. 660. 4 (i) 12 East, 296. Ante, 163. Taunt. 520. {k) Jenk. 307, pi. 83. 7 Co. 36, b. (/) F.N. B. 220. * (/) See ante, 193,4. 119, 125, 13ii. {g) 2 Rol. 192. 1. a7. Hob. 63. post. 400. . ;