Page:Prerogatives of the Crown.djvu/226

 206 Revenue. [Ch.XLSec.I. descend to his eldest son, and not according to the rules of descent in gavelkind ; for the King was seized of his moiety jure corona, therefore it shall attend the Crown, and conse- quently go to the eldest son (a). As observed by Lord Holt, • in right of his duchy or an estate-tail, by tlie statute de donis^ and duchy lands would now be in the Crown, if not kept sepa- rate by {b) Act of Parliament (c)." It was laid down by Lord Hale {d), that " purchases made before accession of the Crown, or descents from collateral ancestors after descent of the Crown, vest in a natural capacity ; and that therefore in the re-ademp- tion of the Crown by Edward 4. there was a special Act to give to the King all the possessions of Hen. 6. But such lands are qualified and affected differently from those of other per- sons. They will pass by letters patent only and without livery ; and the grants of them shall not be effected by nonage, et similiter" We have just seen, that though lands purchased out of the private monies of the Crown, or which came to the Crown by descent, &c. may be granted and devised, &c.; still if no such grant or devise be made, they descend with the Crown on the decease of the King, and the restrictions which in general obtain, in whatever capacity the Crown lands are h9lden, then apply. As Crown lands in general descend in the same manner as, and with the Crown, it will be suf- ficient to refer to the first chapter for information on the subject. We have already mentioned the sovereignty of the Crown over the seas and navigable rivers within his dominions. The King is also by his prerogative, on principles of expediency or as lord paramount of the soU, the owner of such lands as are covered by the narrow seas adjoining the English coasts, or by arms of the seas or navigable rivers, within his dominions {e) ; and is therefore entitled to maritima incrementa, or lands which increase by the casting up of sand and earth from the sea. If (a) Plowd. 205, a. Co. lit. 15, b. tali tnodo etper tales officiarios et minis- (b) The statute of 1 Hen. 4, provides, tros gubementur etsiac* cubnendignilalis' that when the duchy lands come to the regiee assumpti minime fuissent, Raym. King, they shall not be under such go- 90. vernment and regulations as the de- (c) 7 Mod. 78. mesncs and possessions belonging to the (rf) Co. Lit. 15, b. note 4. Crown, for the Act says, Quod taliter et (e) Ante, ch. 8. s. 2. div. 7. Fisheries. indeed
 * ' the King can have nothing in his natural capacity, unless