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The moft material Corrections and Additions in the SECOND.
Page 46. Lin. 10
After action infert ; (indifferent in itfelf) [Return]
Page 83. Lin. 2.
For Adrian read Clement [Return]
Page 97. Lin. 29.
After union infert this note.
? It may juftly be doubted, whether even fuch an infringement (though a manifeft breach of good faith, unlefs done upon the moft preffing neceffity) would confequentially diffolves the union: for the bare idea of a ftate, without a power fomewhere vefted to alter every part of it's laws, is the height of political abfurdity. The truth feems to be, that in fuch an incorporate union (which is well diftinguifhed by a very learned prelate from a foederate alliance, where fuch an infringement would certainly refcind the compact) the two contracting ftates are totally annihilated, without any power of revival; and a third arifes from their conjunction, in which all the rights of fovereignty, and particularly that of legiflation, muft of neceffity refide. (See Warburton's alliance. 195. [p. 232]) But the imprudent exertion of this right would probably raife a very alarming ferment in the minds of individuals; and therefore it is hinted above that fuch an attempt might endanger (though not certainly deftroy) the union. [Return]
Page 98. Lin. 16.
Inftead of this Paragraph, infert the following.
The town of Berwick upon Tweed was originally part of the kingdom of Scotland; and, as fuch, was for a time reduced by king Edward I into the poffeffion of the crown of England: and, during fuch it's fubjection, it received from that prince a charter, which (after it's fubfequent ceffion by Edward Balliol, to be for ever united to the crown and realm of England) was confirmed by king Edward III, with fome additions; particularly that it fhould be governed by the laws and ufages which it enjoyed during the time of king Alexander, that is, before it's reduction by Edward I. It's conftitution was new-modelled, and put upon an Englifh footing by a charter of king James I: and all it's liberties, franchifes, and cuftoms, were confirmed in parliament by the ftatutes 22 Edw. IV. c. 8. [p. 725] and 21 Jac. I. c. 28. [p. 826] Though therefore it hath fome local peculiarities, derived from the antient laws of Scotland, [ Hale Hift. C. L. 183. [p. 252] 1 Sid. 382. 462. [pp. 382, 462] 2 Show. 365. [p. 380]] yet it is clearly part of the realm of England, being reprefented by burgeffes in the houfe of commons, and bound by all acts of the Britifh parliament, whether fpecially named or otherwife. And therefore it was (perhaps fuperfluoufly) declared by ftatute 20 Geo. II. c. 42. [p. 399] that, where England only is mentioned in any act of parliament, the fame notwithftanding hath and fhall be deemed to comprehend the dominion of Wales and town of Berwick upon Tweed. And, though certain of the king's writs or proceffes of the courts of Weftminfter do not ufually run into Berwick, any more that the principality of Wales, yet it hath
Vol. I. been
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been folemnly adjudged, [ Cro. Jac. 543. [p. 543] 2 Roll. Abr. 292. [p. 293] Stat. 11 Geo. I. c. 4. [p. 742] 4 Burr. 834. [p. 834] ] that all prerogative writs (as thofe of mandamus, prohibition, habeas corpus, certiorari, &c.) may iffue to Berwick as well as to every other of the dominions of the crown of England; and that indictments and other local matters arifing in the town of Berwick may be tried by a jury of the county of Northumberland. [Return]
Page 100. Lin. 11.
? Leave out from yearbook to the end of the paragraph: and infert; a tax granted by the parliament of England fhall not bind thofe of Ireland, becaufe they are not fummoned to our parliament; and again, Ireland hath a parliament of it's own, and maketh and altereth laws; and our ftatutes do not bind them becaufe they do not fend knights to our parliament: but their perfons are the king's fubjects, like as the inhabitants of Calais, Gafcoigny, and Guienne, while they continued under the king's fubjection. The general run of laws, enacted by the fuperior ftate, are fuppofed to be calculated for it's own internal government, and do not extend to it's diftant dependent countries; which, bearing no part in the legiflature, are not therefore in it's ordinary and daily contemplation. But, when the fovereign legiflative power fees it neceffary to extend it's care to any of it's fubordinate dominions, and mentions them exprefaly by name or includes them under general words, there can be no doubt but them they are bound by it's laws [ Yearbook 1 Hen. VII. 3. 7 Rep. 22. [p. 119] Calvin's cafe.] the original method of paffing ftatutes in Ireland was nearly the fame as in England, the chief governor holding parliaments at his pleafure, which enacted fuch laws as they thought proper. [ Irifh Stat. 11 Eliz. ft. 3. c. 8. [p. 411] ] But an ill ufe being made of this liberty, particularly by lord Gorrmanftown, deputy-lieutenant in the reign of Edward IV, [ Ibid. 10 Hen. VII. c. 23. [p. 112] ] a fet of ftatutes were there enacted in the 10 Hen. VII. (fir Edward Poynings being then lord deputy, whence they are called Poynings' laws) one of which, [ cap. 4. expounded by 3 & 4 Ph. & M. c. 4. [p. 122] ] in order to reftrain the power as well of the deputy as the Irifh parliament, provides, 1. That, before any parliament be fummoned or holden, the chief governor and council of Ireland fhall certify to the king under the great feal of Ireland the confiderations and caufes thereof, and the articles of the acts propofed to be paffed therein. 2. That after the king, in his council of England, fhall have confidered, approved, or altered the faid acts or any of them, and certified them back under the great feal of England, and fhall have given licence to fummons and hold a parliament, then the fame fhall be fummoned and held; and therein the faid acts fo certified, and no other, fhall be propofed, received, or rejected. [ 4 Inft. 353. [p. 419]] But as this precluded any law from being propofed, but fuch as were preconceived before the parliament was in being, which occafioned many inconveniences and made frequent diffolutions neceffary, it was provided by the ftatute of Philip and Mary before-cited, that any new propofitions might be certified to England in the ufual forms, even after the fummons and during the feffion of parliament. By this means however there was nothing left to the parliament in Ireland, but a bare negative or power of rejecting, not of propofing or altering, any law. But the ufage now is, that bills are often framed in either houfe, under the denomination of heads for a bill or bills; and in that fhape they are offered to the confideration of the lord lieutenant and privy council: who, upon fuch parliamentary intimation, or otherwife upon the application of private perfons, receive and tranfmit fuch heads, or reject them without any tranfmiffion to England. And, with regard to Poynings' law in particular, it cannot be repealed or fufpended, unlefs the bill for that purpofe, before it be certified to England, be approved by both the houfes. [ Irifh Stat. 11. Eliz. ft. 3. c. 8. [p. 411] ] [Return]
Page 102. Lin. 6, 7.
For all other courts read the chancery [Return]
Page 105. Lin. 1.
? Leave out from are to them in line 3, and infert; then in being, which are the birthright of every fubject, [ 2 P. Wms. 75. [p. 69] ] are immediately there in force. But this muft be underftood with very many and very great reftrictions. Such colonifts carry with them only fo much of the Englifh law, as is applicable to their own fituation and the condition of an infant colony; fuch, for inftance, as the general rules of inheritance, and of protection from perfonal injuries. The artificial refinements and diftinctions
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incident to the property of a great and commercial people, the laws of police and revenue, (fuch efpecially as are inforced by penalties) the mode of maintenance for the efftablifhed clergy, the jurifdiction of fpiritual courts, and a multitude of other provifions, are neither neceffary nor convenient for them, and therefore are not in force. What fhall be admitted and what rejected, at what times, and under what reftrictions, muft, in cafe of difpute, be decided in the firft inftance by their oun provincial judicature, fubject to the revifion and control of the king in council; the whole of their conftitution being alfo liable to be new-modelled and and reformed, by the general fuper-intending power of the legiflature in the mother country. [Return]
Ibid. Lin. 16.
? After particularly named infert;
With refpect to their interior polity, out colonies are properly of three forts. 1. Provincial eftablifhments, the conftitutions of which depend on the refpective commiffions iffued by the crown to the governors, and the inftructions which ufually accompany thofe commiffions; under the authority of which, provincial affemblies are conftituted, with the power of making local ordinances, not repugnant to the laws of England. 2. Proprietary governments, granted out by the crown to individuals, in the nature of feudatory principalities, with all the inferior regalities, and fubordinate powers of legiflation, which formerly belonged to the owners of counties palatine: yet ftill with thefe exprefs conditions, that the ends for which the grant was made be fubftantially purfued, and that nothing be attempted which may derogate from the fovereignty of the mother country. 3. Charter governments, in the nature of civil corporations, with the power of making by-laws for their own interior regulation, not contrary to the laws of England; and with fuch rights and authorities as are fpecially given them in their feveral charters of incorporation. [Return]
Ibid. lin. 30.
? After effect infert; and, becaufe feveral of the colonies had claimed the fole and exclufive right of impofing taxes upon themfelves, the ftatute 6 Geo. III. c. 12. [p. 586] exprefsly declares, that all his majefty's colonies and plantations in America have been, are, and of right ought to be, fubordinate to and dependent upon the imperial crown and parliament of Great Britain; who have full power and authority to make laws and ftatutes of fufficient validity to bind the colonies and people of America, fubjects of the crown of Great Britain, in all cafes whatfoever. [Return]
Page 107. lin. 4.
After Wales infert; and Berwick, [Return]
Page 110. lin. 5.
? After Church. infert; Yet Extraparochial waftes and marfh lands, when improved and drained, are by the ftatute 17 Geo. II. c. 37. [p. 174] to be affeffed to all parochial rates in the Parifh next adjoining. [Return]
Page 126. lin. 25, 26.
For are totally void in law read may be afterwards avoided, [Return]
Page 129. lin. 2.
? After Life. infert; But, even in the times of popery, the law of England took no cognizance of profeffion in any foreign country, becaufe the fact could not be tried in our courts; [ Co. Litt. 132. [p. 453] ] and therefore, fince the reformation, the Difability is held to be abolifhed. [ Salk. 162. [p. 162] ] [Return]
Page 134. lin. 9.
? After fervice: infert; excepting failors and foldiers, the nature of whofe employment neceffarily implies and exception; [Return]
Page 143. lin. 24.
? After France infert this note. Thefe were affembled for the laft time, A. D. 1561. See Whitelocke of Parl. c. 72. [Return]
Page 147. lin. 28.
? After fcruple. infert; And yet, out of abundant caution, it was thought neceffary to confirm it's acts in the next parliament, by ftat. 13 Car. II. c. 7. & c. 14. [p. 38 missing, p. 53] [Return]
Page 152. lin. 7.
? After eftates infert; And, from this want of a feparate affembly and feparate negative of the prelates, fome writers have argued [Whitelocke on Par. c. 72. Warburt. Alliance. b. 2. c. 3. [p. 149]] very cogently, that the lords fpiritual and temporal are now in reality only one eftate: [ Dyer. 60 [p. 243]] which is unqueftionably true in every effectual fenfe, though the antient diftinction between them ftill nominally continues. [Return]
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? After c. 6. (in note u) infert; The act of uniformity, 1 Eliz. c. 2. [p. 176] was paffed with the diffent of all the bifhops; (Gibf. Cod. 268. [p. 268]) and therefore the ftile of lords fpiritual is omitted throughout the whole. [Return]
? After 6, 7. (in note w) infert; See Keilw. 184 [p. 371] ; where it is holden by the judges, 7 Hen. VIII, that the king may hold a parliament without any fpiritual lords. This was alfo exemplified in fact in the two firft parliaments of Charles II; wherein no bifhops were fummoned, till after the repeal of the ftat. 16 Car. I. c. 27. [p. 391] by ftat. 13 Car. II. ft. 1. c. 2. [p. 38] [Return]
Page 160. lin. 34.
Leave out from But to required in pag. 161. lin. 3. [Return]
Page 161. lin. 22.
? After any other infert;
The only way by which courts of juftice could antiently take cognizance of privilege of parliament was by writ of privilege, in the nature of a fuper fedeas, to deliver the party out of cuftody when arrefted in a civil fuit. [ Dyer. 59. 4. [pp. 239, 81] Pryn. Brev. Parl. 757. ] For when a letter was written by the fpeaker to the judges, to ftay proceedings againft a privileged perfon, they rejected it as contrary to their oath of office. [ Latch. 48. [p. 277] Noy. 83.] But fince the ftatute 12 W. III. c. 3. [p. 366] which enacts, that no privileged perfon fhall be fubject to arreft or imprifionment, it hath been held that fuch arreft is irregular ab initio, and that the party may be difcharged upon motion. [ Stra. 989. [p. 284] ] It is to be obferved, that there is no precedent of any fuch writ of privilege, but only in civil fuits; and that the ftatute of 1 Jac. I. c. 13. [p. 658] and that of king William (which remedy fome inconveniences arifing from privilege of parliament) fpeak only of civil actions. And therefore the claim of privilege hath been ufually guarded with an exception as to the cafe of indictable crimes; [ Com. Journ. 17 Aug. 1641. [p. 733] ] or, as it hath been frequently expreffed, of treafon, felony, and breach (or furety) of the peace. [4 Inft. 25. [p. 47] Com. Journ. 20 May 1675. [p. 353] ] Whereby it feems to have been underftood that no privilege was allowable to the members, their families, or fervants in any crime whatfoever; for all crimes are treated by the law as being contra pacem domini regis. And inftances have not been wanting, wherein privileged perfons have been convicted of mifdemefnors, and committed, or profecuted to outlawry, even in the middle of a feffion; [ Mich. 16 Edw. IV. In Soacob. ---------- Lord Raym. 146. [p. 146] ] which proceeding has afterwards received the fanction and approbation of parliament. [ Com. Journ. 16 May 1726. [p. 734] ] To which may be added, that, a few years ago, the cafe of writing and publifhing feditious libels was refolved by both houfes [ Com. Journ. 24 Nov. [p. 700] Lord's Journ. 29 Nov. 1763. [p. 431] ] not to be intitled to privilege, and that the reafons, upon which that cafe proceeded, [Lords Proteft. Ibid. [p. 431] ] extended equally to every indiftable offence. So that the chief, if not the only, privilege of parliament, in fuch cafes, feems to be the right of receiving immediate information of the imprifonment or detention of any member, with the reafon for which he is detained: a practice that is daily ufed upon the flighteft military accufations, preparatory to a trial by a court martial; [ Com. Journ. 20 Apr. 1762. [p. 315] ] and which is recognized by the feveral temporary ftatutes for fufpending the habeas corpus act, [ particularly 17 Geo. II. c. 6. [p. 578] ] whereby it is provided, that no member of either houfe fhall be detained, till the matter of which he ftands fufpected, be firft communicated to the houfe of which he is a member, and the confent of the faid houfe obtained for his commitment or detaining. But yet the ufage has uniformly been, ever fince the revolution, that the communication has been fubfequent to the arreft. [Return]
Page 174. lin. 27.
? After feal, infert; or any other appointed by the king's commiffion: and, if none be fo appointed, the houfe of lords (it is faid) may elect. [Return]
Page 176. lin. 32.
? After to, infert; the title to it is then fettled; which ufed to be a general one for all the acts paffed in the feffion, till in the fifth year of Henry VIII diftinct titles were introduced for each chapter. [ Lord Bacon on ufes. 8o. 326. ] After this, [Return]
Page 177. lin. 18.
? After lords infert; But, when an act of grace or pardon is paffed, it is firft figned by his majefty, and then read once only in each of the houfes, without any new ingroffing or amendment. [ D'ewes journ. 20. 73. [pp. 43, 96] Com. journ. 17 June. 1747. [p. 415] ] [Return]
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Page 177. lin. 20.
? After affent; infert; except in the cafe of a money bill, which after receiving the concurrence of the lords is fent back to the houfe of commons. [ Com. Journ. 24 Jul. 1660. [p. 109] ] [Return]
Page 177. lin. 34.
? After upon it. infert; When a money bill is paffed, it is carried up and prefented to the king by the fpeaker of the houfe of commons; [ Rot. Parl. 9 Hen. IV. [p. 618] in Pryn. 4 Inft. 30, 31. [pp. 53, 55]] and the royal affent is thus expreffed, le roy remercie fes loyal fubjects, accepte lour bene-volence, et auffi le veut, the king thanks his loyal fubjects, accepts their benevolence, and wills it fo to be. In cafe of an act of grace, which originally proceeds from the crown and has the royal affent in the firft ftage of it, the clerk of the parliament thus pronounces the gratitude of the fubject; les prelates, feigneurs, et commons, en ce prefent parliament affemblies, au nom de touts vous autres fubjects, remercient tres humblement votre majefte, et prient a Diex vous donner en fante bont vie et longue; the prelates, lords, and commons, in this prefent parliament affembled, in the name of all your other fubjects, moft humbly thank your majefty, and pray to God to grant you in health an wealth long to live. [ D'ewes journ. 35. [p. 58] ] [Return]
Page 193. lin. 23.
? After royal, infert; excepting his elder brother Theobald, who (as earl of Blois) was already provided for. [Return]
Page 193. lin. 27.
? After ufurper; infert; and therefore he rather chofe to rely on a title by election, [ Ego stephanus Dei gratia affenfu cleri et populi in regem Anglorum electus, &c. ( Cart. A. D. 1136. Ric. de Haguftald 314. Hearne ed Guil. Neubr. 711. [p. 115]) ] [Return]
Page 196. lin. 20.
For right read law [Return]
Page 208. lin. 6.
For only read eldeft [Return]
Page 217. lin. 20.
For IV. read VI. [Return]
Page 218. lin. 30.
? After fon. infert; But under the defcription of the king's children his grandfons are held to be included, without having recourfe to fir Edward Coke's interpretation of nephew: and therefore when his late majefty created his grandfon, the fecond fon of Frederick prince of Wales deceafed, duke or york, and referred it to the houfe of lords to fettle his place and precedence, they certified [ Lords journ. 24 Apr. 1760. [p. 666] ] that he ought to have place next to the duke of Cumberland, the king's youngeft fon ; and that he might have a feat on the left hand of the cloth of eftate. But when, on the Acceffion of his prefent majefty, thofe royal perfonages ceafed to take place as the children, and ranked only as the brother and uncle, of the king, they alfo left their feats on the fide of the cloth of eftate : fo that when the duke of Glocefter, his majefty's fecond brother, took his feat in the houfe of peers, [ ibid. 10 Jan. 1765. [p. 13] ] he was placed on the upper end of the earl's bench (on which the dukes ufually fit ) next to his royal highnefs the duke of York. [Return]
Page 224. lin. 13.
? After council. infert; whenever alfo a queftion arifes between two provinces in America of elfewhere, as concerning the extent of their charters and the like, the king in his council exercifes original jurifdiction therein, upon the principles of feodal fovereignty. And fo likewife when any perfon claims an ifland or a province, in the nature of a feodal principality, by grant from the king or his anceftors, the determination of that right belongs to his majefty in council: as was the cafe of the earl of Derby with regard to the ifle of Man in the reign of queen Elizabeth, and of the earl of Cardigan and others, as reprefentatives of the duke of Montague, with relation to the ifland of St. Vincent in 1764. But from all he dominions of the crown, excepting Great Britain and Ireland, an appellate jurifdiction (in the laft refort) is vefted in the fame tribunal; which ufually exercifes it's judicial aughority in a committee of the whole privy council, who hear the allegations and proofs, and make their repert to his majefty in council, by whom the judgment is finally given. [Return]
Page 229. lin. 14.
? After religion. infert; And, with refpect to the latter of thefe three branches, we may farther remark, that by the act of union, 5 Ann. c. 8. [p. 235] two preceding ftatutes are recited and confirmed; the one of the parliament of Scotland, the other of the parliament of England : which e act ; the former, that every king at his acceffion fhall take and fubfcribe an oath, to preferve the proteftant religion an prefbyterian church government in Scotland: the
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latter, that at his coronation he fhall take and fubfcribe a fimilar oath, to preferve the fettlement of the church of England within England, Ireland, Wales, and Berwick, and the territories thereunto belonging. [Return]
Page 240. lin. 19.
? After Great Britain, infert; and that the king was a ftranger to our language and conftitution. [Return]
Page 247. lin. 10.
? After of infert; this country, as well as of the reft of [Return]
Page 247. lin. 21.
Leave out from And the truth to reciting in page 248. lin. 5. and infert; But the truth is, fo few cafes (if any) had arifen, wherein the privilege was either claimed or difputed, even with regard to civil fuits, that our law books are filent upon it, previous to the reign of queen Anne; when an embaffadors from Peter the great, czar of Mufcovy, was actually arrefted, and taken out of his coach in London, [ 21 July. 1708. Boyer's annals of queen Anne. [p. 269] ] for a debt of 50 l. which he had there contracted. Inftead of applying to be difcharged upon his privilege, he gave bail to the action, and the next day complained to the queen. The perfons who were concerned in the arreft were examined before the privy council (of which the lord chief juftice Holt was at the fame time fworn a member) [ 25 July. 1708. ibid. [p. 266]] and feventeen were committed to prifon : [ 25, 29 Jul. 1708. ibid. [p. 268] ] moft of whom were profecuted by information in the court of queen's bench, at the fuit of the attorney general, [ 23 Oct. 1708. ibid. [p. 274] ] and at their trial before the lord chief juftice were convicted of the facts by the jury; [ 14 Feb. 1708. ibid. [p. 365] ] referving the queftion of law, how far thofe facts were criminal, to be afterwards argued before the judges; which queftion was never determined. In the mean time the czar refented this affront very highly, and demanded that the fheriff of Middlefex and all others concerned in the arreft fhould be punifhed with inftant death. [ 17 Sept. 1708. ibid. [p. 270] ] but the queen ( to the amazement of that defpotic court directed her fecretary to inform him, that fhe could inflict no punifhment upon any, the meaneft, of the fubjects unlefs warranted by the law of the land, and therefore was perfuaded that he would not infift upon impoffibilities. [ 11 Jan. 1708. ibid. [p. 168] Mod. Un. Hift. xxxv. 454 [p. 461]] To fatisfy however the clamours of the foreign minifters, (who made it a common caufe) as well as to appeafe the wrath of Peter, a bill was brought into parliament, [ Com. journ. 1708. ] and afterwards paffed into a law, [ 21 Apr. 1709. Boyer, ibid. [p. 167] ] to prevent and to punifh fuch outrageous infolence for the future. And with a copy of his act, elegantly engroffed and illuminated, accompanied by a letter from the queen, an embaffadors extraordinary [ Mr Whitworth. ] was commiffioned to appear at Mofcow. [ 8 Jan. 1709. Boyer, ibid. [p. 181] ] who declared that though her majefty could not inflict fuch a punifhment as was required, becaufe of the defect in that particular of the former efftablifhed conftitutions of her kingdom, yet, with the unanimous confent of the parliament, fhe had caufed a new act to be paffed, to ferve as a law for the future. This humiliating ftep was accepted as a full fatisfaction by the czar; and the offenders, at his requeft, were difcharged from all farther profecution. This ftatute [ 7 Ann. c. 12. [p. 526] ] recites. [Return]
Page 248. lin. 27.
? After now infert; held to be part of he law of the land, and are [Return]
Page 252. lin. 11.
? After arms. infert; But paffports under the king's fign manual, or licences from his embaffadors abroad, are now more ufually obtained, and are allowed to be of equal validity. [Return]
Page 255. lin. 26.
? After do it. infert;
It is partly upon the fame, and partly upon a fifcal foundation, to fecure his marine revenue, that the king has the prerogative of appointing ports and havens, or fuch places only, for perfons and merchandize to pass into and out of the realm, as he in his wifdom fees proper. By the feodal law all navigable rivers and havens were computed among the regalia, [ 2 Feud. t. 56. [p. 898] Crag. 1. 15. 15. [p. 171]] and were fubject to the fovereign of the ftate. And in England it hath always been held, that the king is lord of the whole fhore, [ F. N. B. 113. ] and particularly is the guardian of the ports and havens, which are the inlets and gates of the realm : [ Dav. 9. 56. [pp. 509, 552] ] and therefore, fo
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early as the reign of king John, we find fhips feized by the king's officers for putting in at a place that was not a legal port. [ Madox hift. exch. 530. [p. 563] ] Thefe legal ports were undoubtedly at firft affigned by the crown; fince to each of them a court of portmore is incident, [ 4 Inft. 148. [p. 189] ] the jurifdiction of which muft flow from the royal authority: the great ports of the fea are alfo referred to, as well known and eftablifhed, by ftatute 4 Hen. IV. c. 20. [p. 290] which prohibits the landing elfewhere under pain of confifcation : and the ftatute 1 Eliz. c. 11. [p. 195] recites that the franchife of taking and difcharging had been frequently granted by the crown.
But though the king had a power of granting the franchife of havens and ports, yet he had not the power of refumption, or of narrowing and confining their limits when once efftablifhed ; but any perfon had a right to load or difcharge his merchandize in any part of the haven : whereby the revenue of the cuftoms was much impaired and diminifhed, by fraudulent landings in obfcure and private corners. This occafioned the ftatutes of 1 Eliz. c. 11. [p. 195] and 13 & 14 Car. II. c. 11. §. 14. [p. 109] which enable the crown by commiffion to afcertain the limits of all ports, and to affign proper wharfs and quays in each port, for the exclufive landing and loading of merchandize.
The erection of beacons, light-houfes, and fea-marks, is alfo a branch of the royal prerogative : whereof the firft were antiently ufed in order to alarm the country, in cafe of the approach of an enemy; and all of them are fignally ufeful in guiding and preferving veffels at fea by night as well as by day. For this purpofe the king hath the exclufive power, by commiffion under his great feal, [ 3 Inft. 204. [p. 257] 4 Inft. 148. [p. 189] ] to caufe them to be erected in fit and convenient places, [ Rot. Clauf. 1 Ric. II. m. 42. Pryn. on. 4 Inft. 136. [p. 175] ] as well upon the lands of the fubject as upon the demefnes of the crown: shich power is ufually vefted by letters patent in the office of lord high admiral. [ 1 Sid. 158. [p. 158] 4 Inft. 149. [p. 190] ] And by ftatute 8 Eliz. c. 13. [p. 328] the corporation of the trinity-houfe are impowered to fet up any beacons or fea-marks wherever they fhall think them neceffary; and if the owner of the land or any other perfon fhall deftroy them, or fhall take down any fteeple, tree, or other known fea-mark, he fhall forfeit 100 l. or, in cafe of inability to pay it, fhall be ipfo facto outlawed. [Return]
Page 259. lin. 14.
Leave out from And, to public in line 14. [Return]
Page 279. lin. 13.
? After amercements add this note. Roger North, in his life of lord keeper North, ( 43. 44 ) mentions an eyre, or iter, to have been held fouth of Trent foon after the reftoration : but I have met with no report of it's proceedings. [Return]
Page 292. lin. 2.
? After deodand. infert; But juries have of late very frequently taken upon themfelves to mitigate thefe forfeitures, by finding only fome trifling thing, or part of an intire thing, to have been the occafion of the death. And in fuch cafes, although the finding of the jury be hardly warrantable by law, the court of king's bench hath generally refufed to interfere on behalf of the lord of the franchife, to affift fo odious a claim. [ Fofter of homicide. 266. ] [Return]
Page 304. lin. 19.
? After wines. infert; which is confiderably older that the cuftoms, being taken notice of in the great roll of the exchequer, 8 Ric. I. ftill extant. [ Madox hift esch. 526, 532. [pp. 559, 565] ] [Return]
page 321. lin. 18.
? For it never in fact amounted to quite fo much read complaints were made (in the firft years at leaft) that it did not amount to fo much. [Return]
Page 323. lin. 18.
For operating on read being pleaded to [Return]
Page 329. lin. 22.
? Leave out But and infert; and the king's letters patent, appointing the new fheriffs, ufed commonly to bear date the fixth day of November. [ Stat. 12. Edw. IV. c. 1. [p. 681] ] The ftatute of Cambridge, 12 Ric. II. c. 2. [p. 152] ordains, that the chancellor, Treafurer, keeper of the privy feal, fteward of the king's houfe, the king's chamberlain, clerk of the rolls, the juftices of the exchequer, and all other that fhall be called to ordain, name, or make juftices of the peace, fheriffs, and other officers of the king, fhall be fworn to act indifferently, and to name no man that fueth to be put in office, but fuch only as they fhall judge to be the beft and moft fufficient. And [Return]
S U P P L E M E N T .
acknowleged, that the practice of occafionally naming what are called pocket fheriffs, by the fole authority of the crown, hath been uniformly continued to this day. [Return]
Page 337. lin. 5.
After fuddenly infert; or in prifon, [Return]
Page 339. lin. 2.
? After peace, infert; either claim that power by prefcription; [ Lamb. 15. [p. 28] ] or were bound to exercife it by the tenure of their lands; [ ibid. 17. [p. 30] ] or, laftly. [Return]
Page 351. lin. 19.
After he infert; remains in England, and [Return]
Ibid. lin. 20.
Before after infert; in his abfence, or during (perhaps) his inability, or [Return]
Page 352. lin. 13.
After unmarried, infert; and childlefs, [Return]
Page 389. lin. 1.
? After lords : infert; and fome are of opinion that there muft be at leaft two writs of fummons, and a fitting in two diftinct parliaments, to evidence an hereditary barony : [ Whitelocke of parl. c. 114. ] [Return]
Page 400. lin. 22.
? For Edmond earl of Kent being taken read Thomas earl of Lancafter being condemned [Return]
Page 404. lin. 27.
For their read nuncupative [Return]
Page 409. lin. 6.
For informal read nuncupative [Return]
Page 426. lin. 29.
? Leave out from Idiots to it in page 427. lin. 2. and infert; It was formerly adjudged, that the iffue of an idiot was legitimate, and confequently that his marriage was valid. A ftranger determination ! fince confent is abfolutely requifite to matrimony, and neither idiots nor lunatics are capable of confenting to any thing. And therefore the civil law judged much more fenfibly, when it made fuch deprivation of reafon a previous impediment, though not a caufe of divorce, if they happened after marriage. [ Ff 23. tit. 1. l 8. & tit. 2. l. 16. [pp. 471, 473] ] And modern refolutions have adhered to the reafon of the civil law, by determining [ Morrifon's cafe, coram Delegat. ] that the marriage of a lunatic, not being in a lucid interval, was abfolutely void. But as it might be difficult to prove the exact ftate of the party's mind at the actual celebration of the nuptials, upon this account (concurring with fome private family [ See private acts 23 Geo. II. c. 6. [p. 58] ] reafons) the ftat. 15 Geo. II. c. 30. [p. 92] has provided, that the marriage of lunatics and perfons under phrenzies (if found lunatics under a commiffion, or committed to the care of truftees by any act of parliament) before they are declared of found mind by the lord chancellor or the majority of fuch truftees, fhall be totally void. [Return]
Page 444. lin. 24.
? Leave out from any to baftard in line 25. and infert; the prefumptive heir fhall be admitted to the inheritance; though liable to lofe it again, on the birth of a child within forty weeks from the death of the hufband. [ Britton. c. 66. page 166. [p. 377] ] [Return]
Page 453. lin. 7.
? After ætatem. infert; So alfo, in much more modern times, a boy of ten years old, who was guilty of a heinous murder, was held a proper fubject for capital punifhment, by the opinion of all the judges. [ Fofter. 72. [p. 72] ] [Return]
Page 464. lin 7.
? After circuits. infert; And, even though they be fo approved, ftill if contrary to law they are void.
Ibid. lin. 28. [Return]
? For It cannot be a truftee; read It cannot be feized of lands to the ufe of another; [ Bro. Abr. tit. Feoffm. Al ufes. 40. Bacon of ufes. 347. ] [Return]
Page 469. lin. 15.
? After authority. add this note. This notion is perhaps too refined. The court of king's bench, from it's general fuperintendent authority where other jurifdictions are deficient, has power to regulate all corporations where no fpecial vifitor is appointed. But, as it's judgments are liable to be reverfed by writs of error, it wants one of the effential marks of vifitatorial power. [Return]
Ibid. lin. 16. [Return]
? Leave out from fufficiently to charter and infert; in moft of them were fufficiently regular : but the judgment againft that of London was reverfed by act of parliament [ Stat 2 W. & M. c. 8. [p. 137] ] after the revolution; and, by the fame ftatute, it is enacted that the franchifes. [Return]
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