The Speech of Mr. Serjeant Merewether, in the Court of Chancery; Saturday, December 8, 1849, Upon the Claim of the Commissioners of Woods and Forests to the Sea-Shore, and the Soil and Bed of Tidal Harbours and Navigable Rivers the Nature and Extent of Th (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1850 Excerpt: ... think I shall satisfy your Lordship that there are other authorities leading to precisely the same conclusion. In the Rolls of Parliament it will be found in the 8th of Roll? of Edward II. that there was, with respect to the manor of 8 Edw. II.' Hacchesham, a petition presented to the king claiming land Haccheswhich had been overflowed by the sea, and taken by the m' bishop of Bath and Wells: --to which the answer was, in the A, 7 language of that day, "Sequatur versus Episcopum ad com-'#, %/-, -"munem legem." The king directed that it should be decided i( ' /'-. according to the common law: --and it is justly enough ob-/ t / y.-f served in this book, that "that would not have been the case, r-. "if the king had been entitled." That is the language whichj --k I find in this treatise, upon which so much reliance is placed6-----t, /-'.' in support of this prerogative.-///tv---(' Lord Chancellor.--The only fair inference from that is this, 'you cannot have it by favour/ it entitles you by right and not by favour; it only refuses the favour. Mr. Serjeant Merewether.--My Lord, if it were in the power of the Crown--if the Crown were seised, as it is alleged now to be, by right of prerogative Lord Chancellor.--Suppose the Crown does not choose to act; it says, Let the law take its course. Mr. Serjeant Merewether.--Which it would have been quite unnecessary for the Crown to have said, if the Crown were in point of fact entitled. Now here is another case which I will mention to your Lordship. As I am endeavouring to support a negative proposition of this kind, I do not mean to pass by any authority that may appear to impugn the argument I am enforcing. There is undoubtedly an extraordinary case to be met with in this book, and a still more extraor...