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CHAP. VI.

OF THE ROYAL REVENUE.

The royal revenue is now under the control of the Lords Commissioners of the Treasury, but it is more immediately under the management of the Court of Exchequer, which has a department termed the revenue side.

The King's revenue is either ordinary or extraordinary. The ordinary revenue arises from,—— 1, the custody of bishoprics; 2, corodies; 3, tithes ; 4, first-fruits; 5, Crown lands; 6, forest lands; 7, courts of justice; 8, royal fish; 9, shipwrecks; 10, mines; 11, treasure trove; 12, waifs; 13, estrays; 14 forfeitures; 15, escheats; 16, idiots and lunatics.

Custody of bishoprics].-The custody of the temporalties of bishops, by which are meant all the lay revenues, lands, and tenements (in which is included his barony), which belong to an archbishop's or bishop's see; and these, upon the vacancy of a bishopric, are immediately the right of the King, as a consequence of his prerogative in Church matters, with power of taking to himself all the intermediate profits, without any account to the successor, and

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with the right of presenting (which the Crown very frequently exercises) to such benefices or other preferments as fall within the time of vacation. But this revenue, which was formerly very considerable, is now, by a customary indulgence, almost reduced to nothing; for at present, as soon as the new bishop is consecrated and confirmed, he usually receives the restitution of his temporalities, entire and untouched, from the King (a).

Corodies.-Corodies is a privilege arising out of every bishopric, which authorises the King to send one of his chaplains to be maintained by the bishop, or to have a pension allowed him till the bishop promotes him to a benefice; but this is now fallen into total disuse: it is, however, still due of common right, and no prescription will discharge it.

Tithes.]-The King also is entitled to all tithes arising in extra-parochial places (b).

First fruits.]-First fruits and tenths of all spiritual preferments in the kingdom; but by the 2 & 3 Anne, c. 11, all the revenue of first-fruits and tenths is vested in trustees for ever, to form a perpetual fund for the augmentation of poor livings. This is denominated Queen Anne's bounty, and is regulated by several other statutes (c).

Demesne lands.]-The next branch of the King's ordinary revenue consists in the rents and profits of the demesne lands of the Crown, which were either the share reserved to the Crown at the original distribution of landed property, or such as came to it afterwards by forfeitures or other means, and which were anciently very large and extensive,

comprising divers manors, honours, and lordships; at present they are contracted within a very narrow compass, having been almost entirely granted away to private subjects. Several statutes have been passed, the effect of which is that all grants and leases from the Crown for any longer term than thirty-one years, are, in general, subject to certain exceptions, declared to be void (d). The superintendence of this branch of the royal property is now vested in commissioners, called the Commissioners of Woods, Forests, Land Revenues, Works and Buildings.

Forests.]-The King is also entitled to the profits arising from his forests; which are waste grounds belonging to the King, replenished with all manner of beasts of chase or venery; and these profits consist principally in amerciaments or fines, levied for offences against the forest laws. But few if any courts of this kind, for levying amerciaments, have been held since the reign of Charles I.

Courts of justice].-The profits arising from the King's ordinary courts of justice are also a branch of his ordinary revenue, and consist not only in fines imposed upon offenders, forfeitures, recognisances, and amerciaments levied upon defaulters, but also in certain fees due to the Crown in a variety of legal matters; but these have been almost all granted out to private persons, or else appropriated to particular uses. All future grants of them, however, by 1 Anne, st. 2, c. 7, are to endure for no longer time than the prince's life who grants them (e).

Royal fish.-Royal fish, which are whale and sturgeon, when either thrown ashore or caught near

SHIPWRECKS, ETC.

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the coast, are the property of the King, by the statute 17 Edw. 2, c. 11, De Prærogativâ Regis (ƒ).

Shipwrecks.]-Shipwrecks also are declared to be the King's property; but this revenue of wrecks is frequently granted out to lords of manors as a royal franchise. In order to constitute a legal wreck the goods must come to land. If they continue at sea, the law distinguishes them by the barbarous and uncouth appellations of jetsam, flotsam, and ligan. Jetsam is where goods are cast into the sea, and there sink and remain under water; flotsam is where they continue swimming on the surface of the waves; ligan is where they are sunk in the sea, but tied to a cork or buoy, in order to be found again. These are also the Crown's if no owner appears to claim them; but, if any owner appears, he is entitled to recover the possession. For, even if they be cast overboard without any mark or buoy, in order to lighten the ship, the owner is not by this act of necessity construed to have renounced his property, much less can things ligan be supposed to be abandoned, since the owner has done all in his power to assert and retain his property. These then are accounted so far a distinct thing from the former, that, by the royal grant to a man of wrecks, things jetsam, flotsam, and ligan will not pass (g).

Mines.]- Mines of gold and silver also are a branch of the royal revenue, originating from the King's prerogative of coinage, in order to supply him with materials. But by the statutes 1 Will. and Mary, c. 30, and 5 Will. and Mary, c. 6, no mines of copper, tin, iron, or lead, shall be looked upon as royal mines, notwithstanding gold or silver may be extracted from them in any quantities: but

the King, or persons claiming royal mines under his authority, may have the ore (other than tin ore in the counties of Devon and Cornwall) (h), paying for the same a stated price.

Treasure trove.]-Treasure trove, also, which is any money, coin, gold, silver, plate, or bullion, found hidden in the earth, or other private place, the owner thereof being unknown, belong to the King; but if he that hid it be known or afterwards found out, the owner, and not the King, is entitled to it. If it be found in the sea or upon the earth it doth not belong to the King but to the finder, if no owner appears (i).

Waifs.]-Waifs, also, which are bona waviata, or goods stolen and waived, or thrown away by the thief in his flight, are given to the King, as a punishment upon the owner for not himself pursuing the felon, and taking away his goods from him (j).

Estrays.]-Estrays, or such valuable animals as are found wandering in any manor or lordship, and no man knoweth the owner of them, are given to the King, as the general owner and lord paramount of the soil, in recompense for the damage they may have done therein; and they now most commonly belong to the lord of the manor, by special grant from the Crown. Any beast may be an estray that is by nature tame or reclaimable, and in which there is a valuable property, as sheep, oxen, swine, and horses; but dogs, cats, and animals feræ naturæ, as bears or wolves, cannot be considered as estrays. Swans also may be estrays, but not any other fowl; whence they are said to be royal fowl (k).

Forfeitures.]-The forfeiture of lands and goods

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