Page:Prerogatives of the Crown.djvu/228

 208 Revenue. [Ch.XLSec.L ject may by custom or prescription, be entitled to ground added to his land by sand and earth from the sea ; but custom cannot entitle a subject to lands deserted by the sea, or an arm thereof (fl). The reason assigned for this distinction is, that in the former instance, the accession or addition of the land by the sea to the dry land gradually, is a kind of perquisite ; whereas, in the latter case, the land, as it belongs to the King when covered with water, cannot become the property of the subject, merely because the water has left it, though this reason for the distinction is not perhaps very satisfactory. Where the interest in a'<ireek, arm of the sea, or districtus ma" ris, is, by charter or prescription, vested in a subject, he is en- titled to claim all those rights which the King is entitled to, as owner thereof; and, therefore, such prescription does not merely give a liberty or profit, appreiidre, ^vithin such creek, &c. ; but the party prescribing will be entitled to lands forsaken by the water, or islands arising therein [h). The King is a sole corj^oration, capable of taking mere chat- tel interests in succession (c). Consequently, a fee passes on a grant to the King without the word * successors {d) ;* and a grant by the King, without mentioning succes^-jf s, binds them [e). The Crown possesses peculiar prerogative privileges, with respect to distresses for rent due from its tenants. At the com- mon law, if a grant of land or rent were made to the King, he can distrain without attornment by virtue of his prerogar tive(/). And he may distrain for a rent-service, fee-farm, rent-charge, or even a rent-seek, though it vest in him not by grant, but by escheat upon attainder, not only on lands out of which such rent is reserved, but on all other the lands of the tenant, although held of other lords ; provided the lands distrained upon be in the actual possession of his tenant, do so ; Inclosing and imbanking against Sir Thomas Arundel, per omnes ba- tlie sea ; and enjoyment of what is so rones. 5 Bac. Ab. 499. inned ; enjoyment of wrecks happening (a) Hal dejure Maris, c. 6. upon the sand ; presentment and pu- (A) Ibid. nishment of purprestures there, in the (c) Co. Lit. 90, a. 11 Co. 92, a. Court of a manor and such like. Ibid. (rf) Co. Lit 9. Plowd. 250. Jenk, So agreed in Sir Henry Constable's case, 209, 271. 5 Co. 107. 5 E. 3. 3 Dyer, 326, b. (e) Plowd. 176. Yelv. 13. So in the Exchequer Chamber, P. 16. (/) Co. Lit. 809. May distrain for an Car. inter I'Attorney Generall et Sir amerciament in a Court Baron. Cro. Samuel Rolls, Sir Richard Buller, and El, 748. for, J