thereby having exceeded one million of acres; a great before 8. 52 1.2. s. 25. before the 25th March, 1702, (which was afterwards enlarged to the 24th June, 1703 by the 1 Ann. c. 13. Eng.) to sell the estates, &c. vested in them, by cant or auction, as soon as the claims, if any, should be determined: and by s. 25. the purchasers were, upon inrolling their conveyances within 6 months after the date thereof, to be seised of the premises and possessions delivered to them by the sheriffs of the several counties, upon the precepts of the trustees, and to hold the same subject to such quit rents, crown rents, and chief rents as the same were liable to on the 13th February, 1688; and which quit rents, &c. it was thereby enacted should for ever remain for the support and maintenance of the government 1 Ann. st.2.c.21. of Ireland, and be unalienable. And by the 1. Ann. st. 2. Eng. c. 21. Eng. all estates vested in said trustees to be sold, Estates vested in and which were not sold before the 24th June 1703, or ject to the dispo. Otherwise disposed of pursuant to said former acts, were sition of English vested in the crown for the uses intended by said act, parliament. the crown sub subject to such orders as should be given by the parlia-ment of England in that behalf; and from that day all. the powers given to the trustees were to cease, and the trustees were to deliver up to the commissioners of the revenue, by indenture to be inrolled in the exchequer, all deeds, records, and papers in their custody touching the premises, and after that day the commissioners were to levy, and collect all the rents and profits of the said forfeited estates, and to pay the money arising. thereby after all charges into the exchequer, there to be kept apart from all other the king's treasure, to be applied to the uses aforesaid, according to the orders of the parliament of England. The several English statutes; above referred to were adopted and recognised in Ireland 21 & 22 Geo. 3. by the 21 & 22 Geo. 3. c. 48. Ir. which enacted that all statutes theretofore made in England, for the settling and assuring the forfeited estates in Ireland, should be 33 Geo. 3. c.49. accepted and executed in Ireland. The 33 Geo. 3. c. 49. Ir. recites the 11 & 12 W. 3. c. 2. Eng. and 1 Ann, st. 2. Transferred to C. 21. Eng. and that a very considerable part of the Irish parliament estates vested in the trustees had been sold, but that. some part remained still unsold, and further recites the. c. 48. Ir. Ir. Eng. vested in the crown absolutely S. 2. 21 & 22 Geo, 3. c. 48 Ir. as also the 33 Geo. 3. c. 46. Eng. 33 Geo.3. c.49. (by which latter statute such parts of the forfeited estates. in Ireland as remained undisposed of, were vested in the Forfeited estates crown subject to the order and disposition of the parliament of Ireland) and enacts that all lands, &c. in Ireland which stood so vested in the crown and remaining unsold and undisposed of, should be vested in his majesty, his heirs and successors to his and their own use, discharged: from the order and disposition of the parliament of Ire-. land: but it is provided (s. 2.) that this act shall not avoid; or defeat any lease of said lands or any part thereof. It iş proper also in this place to refer to the 2 Ann. c. 8. Ir. 2 Ann. c. 3. Le for quieting possessions, by which the plus acres or lands: Plus apres di undisposed of (the residue whereof were granted by pá- posed of tent) were declared to be vested in such persons as were on the 1st October, 1702, in possession thereof, and în their heirs for ever; subject nevertheless to such quit rent, pro rata, as, was payable out of the other parts of such denominations, the amount of which quit rent was to be ascertained within 3 years, by the chief governor and six of the privy council; and their decree, to be entered and inrolled in the auditor general's, office, is thereby declared to be final. The 35 Geo. 3. c. 39. Ir. may be 35 Geo. 3. c.39% bere also stated, which provides that all grants made of any lands, &c. within Ireland by letters patent under the English patents great seal of England, shall be as valid as if passed under the great seal of Ireland. The 38 Geo. 3. c. 72 Ir. 38 Geo. 3. c.76 (as amended by the 39 Geo. 3. c. 33. Ir. 46 Geo. 3. c. 123. I; and 47 Geo. 3. c. 16. I.) provides for the sale of the quit Sale of quitrents, crown and other rents, and forfeited lands undisposed of in Ireland. lr. confirmed. Ir. Tenis, &c. § 6. Profits of mili urry tenures. 14 & 15 Car. 2. . 19. Ir. VI. The profits and advantages arising from the king's military tenures were abolished in England by the 12 Car. 2. c. 24. Eng. as they were in Ireland by the 14 & 15 Car. 12 Car. 2, c 2% 2. c. 19; Ir. This English act also abolished the burthen- Eng some and oppressive prerogatives of purveyance and preemption; but was not followed in this respect by the 14 & 15 Car. 2. c. 19. Ir. The 18. Hen. 6. c. 1. Ir. had 18Hen.6.c.1.Ir. however, previously enacted, that there should be no purveyor, harbinger, nor avener within Ireland, but that the lieutenants, justices, or governors, should agree for any $7. Profits of the king's forests. any goods to be taken by their achators, otherwise that it should be lawful to make resistance to such achators. VII. There does not appear to have been any such branch of revenue in Ireland, as the profits arising from the king's forests, as there is no trace of any Irish statute respecting forests in Ireland, or imposing fines or amerciaments for offences against the forest laws similar to those Sir J. Davies' in England. Sir John Davies has observed that in all the Tracts, p. 124. records of Ireland he seldom found any mention made of a forest, and never of a park or free warren. $8. Profits of the courts of justice. 1 Ann.st. 1. c.7. s. 7. Eng. VIII. The profits arising from the king's ordinary courts of justice form a part of the revenue in both countries; no Irish statute has however protected this revenue from alienation by the crown in like manner as the 1 Ann. st. 1. c. 7. Eng. which provides, (s. 7.) that the fines for writs of covenant and writs of entry payable in the alienation office, and post fines, should amongst other small branches of the king's revenue be unalienable, for any longer term than the life of such king or queen as should make any grant thereof respectively. It may be here observed that the monies arising from forfeited recognizances in Ireland, 38Geo. 3. c. 30. are directed by the 38 Geo. 3. c. 50. s. 32. Ir. to be paid to the treasurers of the several counties, and to be applied by them in aid of the presentments in the respective baronies, &c. in which they shall be levied. s. 32. Ir. $ 9. King's right to royal fish. IX. The king's right to whales and great sturgeons taken in the sea or elsewhere within the realm, except in places privileged by the king, is declared by the 17 Edw. c. 11. E. &. I. 2. st. 1. c. 11. E. & I. and is therefore a branch of the casual revenue in both countries. 17 Edw. 2. st.1. wrecks. § 10. X. The statute de prerogativa regis, 17 Ed. 2. st. 1. c. 11. King's right to E. & I. also declares, that the king shall have wreck of the sea throughout the realm: the statute 3 Edw. 1. c. 4. E. & I. c. 11. E. & I had previously declared and provided that where a man, a dog, or a cat escaped alive, the ship or vessel should 17 Edw.2. st. 1. 3 Fdw 1. c. 4. E. & I. not be adjudged wreck, but that the goods should be saved and kept by the view of the sheriff, coroner, or king's bailiff, and delivered into the hands of such as were of the town where they should be found, to the end that if any person should within a year and a day sue for those goods, goods, and prove that they were his, or his lord's, or perished in his keeping, they should be restored to him without delay, or otherwise remain to the king, and be seized by the sheriff, &c. and delivered to those of the town, who should afterwards answer for the same before E. & I. the justices. And the 4 Edw. 1. st. 2. E. & I. de officio & Edw. 1.st. 2. coronatoris also provided, that wheresoever any wreck of the sea should be found, any person who should lay hands on it should be attached by sufficient pledges, and the price of the wreck be valued and delivered to the town. The several provisions and humane regulations which have been made by the salvage acts in England and Ireland, for the prevention of wrecks and for the preservation of the property in them, will be found in other parts of this work to which they seem more properly to belong. mines. XI. With respect to the king's right to mines, as con$11. nected with his prerogative of coinage. The 5 W. & M.c.6. King's right to Eng. (which explains and amends the 1 W. & M. st. 1. c.30. 1 W. & M. st. 1. Eng.) declares and enacts that the owners or proprietors of c. 30. Eng. any mine in England, &c. in which there is copper, tin, Eng. iron, or lead, may continue to hold and work the same, notwithstanding that such mine or ore shall be pretended 5 W & M. c. 6. or claimed to be a royal mine. But by s. 2. & 3. the king 6,2 & 3. may have the ore of any such mine first paying for the same, within 30 days after the ore shall be raised and laid upon the bank, and before the same shall be removed, the following rates, viz. for all ore washed made clean and merchantable, wherein there is copper, £16. per ton; so wherein there is tin, 40s. per ton; and where there is iron, 40s. per ton; and so also for lead ore at the rate of £9. per ton; otherwise such proprietors may dispose of such ores to their own uses; but this act contains a saving, by s. 4. for the tinners of Devon and Cornwall. The 4 Ann. c. 12. Ir. contains similar provisions. The observa- 4 Ann. c. 12. Ir. tion is equally applicable to Ireland as to England, that these royalties of mines, wrecks, and royal fish, as well as waifs, estrays, deodands, and forfeitures, have been for the most part granted away by patents and charters from the crown, XII, The S. 4. |