The British Press; or, Morning Literary Advertiser. — London, England, 1821-07-07 00:00:00

E I i F- U . V thing which was distinct and substantive in itself; ;mod next, it ought to be espected of him to shew rights connected with it, inseparable from it, and depeudibg ou it alone." The.. things applied to • the coronation of Kier, which was regulated by a ceremonial, the origin of which was lost in remote 1 _J " - .Z.-_"*";74 ,-- W•r - • r•Evi - •••• 3. .414" , .• -4 ell depending on it, while yet they had nothing but ..' usage to plead, either for the rights of eves the V.lllllfaftillielt AW L . .f.to illie ad,' irammis 'AL. -!' npaiiitteigiettho Queen's tight. He lied woken of • usuge. end .f semisoft coronation beim*. f But betides that there - *en imitate rights,- if • he might so speak, ceisoected with it, and ilepeodenit an it alone. As to the ceremonial used. he had .cited yesterday largely flow the Saxon documenu, aid m furtherance of those .proofs he bad new to ,offer some • from the Libor iftgatior to which he had, in the mesertinte. been ambled to refer. lie ought, in justice to the Dean and Chapter of Westminster to observe, that they were bound to tenor to part with the boot out of their immediate .poftession by a statute of Elizabeth, " ft/Wein all gauss neeessituttio." There were found in that book . three ceremonials (the book was written in 1375) : First, for the King's catenation without a Queen, at least the solemnity belonged in this instance to the sing separate from the Queen. Then there woo . the double ceremonial for tho coresatims of the King and Queen together : "$1 Regina man rye idt euromooda."—(He thee teas( "zooms to aheetsome • •.t . the ordering of the ementwor..." fintehtem. core:lsm sego 4* retinas doilies ter cosemett dine ontiyao, g. Amitosis hadismiteso."]..lit ea. .ether pirt 'were these words : .‘ Arrow iis odes .die gee Rex sorommes arsiososto sit &visa." —'nevi the,inatrectiems to .the Biotic" es is the . Capri to he given for the occasion : " Tom -ad regiment argue velem skporiando ail new. Nelisini et oscaluisda." He neat referred. to the orders fur the coronation of Qoants is cams con. remphteil where the King might not Wend. The - .Queen 'night he crowned alone and the King ma attend, but only wetness it as a spectator, or beer • :port' as, an individual not concocted with it by kn . tAi.a. • In the nest place there .wese • rights sod tisn,ges dependant on • Queen's venom/ion itede. ..pendent of • King's, establohed-by beg ahorler sod . enjoyed without interruption. He had referred to sit lie • 'episode coronation .of the Queen of Henry the Third, at which the 'Barons of the Cinque Ports claimed ,to bear and divide the canopy as at the comaatiew of the King. At the same coronation bad Gdbert de Seiner put is his claim to as Chomberhan to She Quiets, to keep . the chamber on the day of the emenation. and to have the entire bed, and all the apportenances be. longing to it, allowed to him. There was as entry in the ancient Red Book of Knights' fees in the •Court of Exchequer, from which it appeared, that the mid (bitten held certain manors by the Per. • geaniry, that he be Chamberlain to the Lady the -Queen. lii the !meat Roll in the same Cowl, it .appeared, that is the reign of Henry Nil. there wits another entry, which went to show. that by force pf the King's writ, the above-uanted Red Book tad been searched, and that the claim of Ghl ..l?crt had been allowed to have the Queen's bed, and the other things belonging to the chamber. ..It was on this claim that Robert Vert the trend, the Earls of Oat rd, lied founded his . right. to the ineetrio, 'held on The tenure of defog the Ake of Queen's Chaoslierlaiii on the day of her eoronotioie. It well t. proved that his ancestors attended • the coronation of Katharine, wife of Henry VIII. and performed the services dour at such sole monies. There were • besides the orders to which he bad yesterday re v 'levied respecting the coronation of Philippa, wife or Edward 1 11. and the proclamation to the Barons - of tile Cinque Ports, and the orders to the Sheriffs of London to .stake proclamation respecting the . i aziroostion of the Queen of Richard If. for ell per to come forward and do serviceiss to the King. \ - re was also the proclamation for crowning Eli. seNet4 h, wife of Henry VII. in the meat words as . - •the.proclemation foe his own. etwonatiou. .1 The LORD CMARCILLOR asked for a copy of __ . . • ~. ~ `. BIIOOOIIASI said that it was to be found in tßrwer. There was another case, that of the hate reign: proclamation was issued for•.the Kiog's coronation. and in the interim his nepsisis took place. Another proclamation was then issued, or. -4ering.ilie coronation of the King.and Queen. The Earl of Lteaaasoot. asked -what was the ; document einsiannimi with .4 4111 wavia..,.'s Cofo. , 000 r. Ofto.sama sabaikofs, Aka* at with her vviv.isAliesband - • • ... • . 'The florl of 61411111411111 replied- 14 1n any in "Shinee.r • Mr. &tonna/kis was not just then prepared to say ; he would state it .as he went on. Oa better lrerbllactirm, he believed it was in the reign of -Henry 111. Having gone.throogh the main or ligaments, the majority of instances, the disinter anpted succomion—the sighb•inierworen with the crnwning of Queews, and .dependant on them alone—the title either admitted, or, having; been refused, afterwards concededthe question • wuaM naturally be, did all this moan nothing--• - wins it mere unsubstantial form—wos •it - 'Unimportant, utterly insignilicsin, indifferent,. and exist* on the king's will and pleasure only ? Conl4l it bepossible fur any one •to say, that the 'tight so sited, so enjoyed, and all the inferior rightsvdepanding on that usage were nothing ? It. *geld be • • violent. concluition to come to. He thigh' soothe able to soy whence the right origi. nate& nor describe its intendment or usage in law ; heinight not give a satifectory account of she ;myopic of the ceremony ; but prosier ao, sough feet, all the presumptioas mutt ba token is favour ,of the peibesple, tad his is-. A bility to minima the. importance of the pain. elide timid make nothing agniust • him. But coulctany thing connected with a ceremony of this beki so immaterial and indifferent as to be • udivisanwileritil or not at the pleasure of the King ? whs•martstained that the Queen hael•no right, • ....•hetebused.to thew the principle why all . which he islhaid download had existed ~.they were bound to '• 4ibiew that oil meant nothing,end happened at, lbst embed? could tell how. • If these was benefit, it• inset r he (Of the Shute. There was nothing in the., Vowalilutiaa, whether of law or .if. usage, .of • any . , web hvignitude which was held fat the benefit' , of-the lisversign hussrlf unconnected with this ? , bovervigaq of the reabas.—natilat therefor. —L* -.wows hilt *ere there an right; which Anibject _ --- nagweffitletgeeme silleteetly • could not enforce ? AR ilfro Suppose, on the decease of a were a oaths to bebehew is-the Ring Peer, the Crown refuses to issue his summons to as& , statute of William and Mary, the eldest lawful son, to (sill him to Parliament, bet ling that there were proofs that 4 could it be denied that the.right of the said son to Qemses millbletion was looked.epoe its at high, be so summoned was as firmly vested in him, and inglast, 11.111 itneient solemnity, which eoeld not that he could no more be disturbed from the pos be disPeralid *with. which had rights and of f ices session of that right, than in a case of any common connected with it. He who was reposed I. contract between any common persons, in which my that ibis was ao right, but only a form or the Crown had no concern? Again, he would miespletneut depoudiag on the will of the King, take the case cf prize money, and supposing the must be papered to go one step further, sod gat used Prize Act had prised, granting the money so -cid of the IlLisig's coronation. It must, even is taken to the captor, would it be considered consistent the letter ease, be an insignificant turd unimportant with iustiee that the claim of tbecaptor should be de cereassiey.Of dependant on him will ftw solemnizinglaced mild another Act was poised, depriving him of eel*. The kw cases in a hick the Monarch's act the right heenjoyed nt the tinie the co pt ure was made ? //481$01 to WNW formed bat a easy ,m.hl chap- Again, by different statutes it was regulated that ' tot atinstamselsts in almost 411.1 his weretial Ammo. Parliament should only last a certain number of lutaillsi ie his political one, and lawyers had years; at present,st the ezpinftion of seven year., Ilmes Meets and solicitous to the last, degree to find the Crown was boded to noose a writ to summon a thasiv through which they might dial* the former new true. Now, suppose no such proclamation as teta the verge of the litter. How did , it happen the statute ordains Abu be made, the people are - east 'in the coronation, which was an act of all d.eprlied of their right, the right they enjoy ne ithers in which the Darnell must be most absorbed cording to the hiw, and the right is no less certain to the politioll capeteity, that atMeMplls should be and absolute because the Crown has refused to Made to du nee with the Coronation of a ()demote a issue the proclamation . How this right could be r l illiiug of ect indiffe'rence. for in it mutt be depee- rendered effectual he did not now inquire—pro %out on pleasure of the King shine ? Whet right, hably by inspeachateat; but his argument was, ee 'it might be asked on this principle, bad he himself if the Queen bad no right to be crowned to be crowned ? It was impossible from Mecum- without a royal proclamation, then had the malices to crown Edward V. There Might be half eldest son of a Peer no right to sit in Peas e dozen instances in which Kip bad not been sense-..then had the captor no right to his prize— ' crowned ; but that could never invalidate the right. amt, teeth., theti bad the people no right to a “6Par usage on his iiiile—he was supported on hymen?, because it required a Royal Proclamation fiery *Maid by precedents - and arguments, and the to call one. Upon these grounds he had placed 'iobjecfrirsi which were edible to shake the right of his argument in support of the Queen's claim. the King must be equally iultiectual us to the lie had beard it said, the Queen hod no right to Queen. There were right. belonging to . other prescribe because she was not a corporative, but ‘ persons dependent on her coronation : this was one he isoutesided she was as iwech at corporation as the reason for performing the cereniony: If, tilted as King. Comps laid it down in his Digest, that to the importance of the right, he wits not bound to cettsin public officers could prescribe, and that shew hoW small or how great it was. Howeeer, even the Clmacellor. although he held his office et small, the law took no consideration but of the pleasure, could prescribe. In .the 2cl Hull, page right. The importance of the right was a qua- g 24, it was also laid down, that • Serjeant, Attor. tion for the party claiming it aldoe. It might ney, mid Under-Sheriff could prescribe. He ha enough to chew there was no certain or clear should not trouble their Lordships with any reca account of the urigin of the King's eoronition;, pitulation of the statements he had made. This It might possibly have arisen out at the prOcess of. was his argument in support of the Queen's claim election; he might have been privately elected: to participate in the coronation. He had strictly by some persons behied the curtain,. anti abewu at! confined himself to the law of the case, .and he was the coronatiou for the adoption of the People. happy to know he was addressing Lawyers; their Lawyers, it was true, were alway suffictently astute consideration would be the more likely to be con ic finding out the origin of these mailers ; but as fined to the abstrsct question of law, and not in failure of lawyers to trace the origin of the 'King's terrupted by any of the discussions which had lately coronation would be no argument against the ez- agitated the public mind. Nor would the minds ignite of his right, so, in like manner, he trusted of men to Come after us be confused with, the in the other side might be allowed the benefit alibis terference of such considerations. when they should argumeut. When the King was held up in this . recur to their Lordships' decision for the explans mummer for the election of the people, their Lord- tion of that which would be otherwise unintelligi .ehips would find there was also a sufficient reason ' bte. They would resort to their inquiries with all for bidding up the Queen. She formed a most in). that calmness and security which we had done in portant part of that solemnity, not, inerelY on ac- contemplating the mouunseuts of . Saxon times, count of the splendour slig would confer upon it, .examining the decisions. of Norman law, undia but on account of her proximity of cooaeaioo Curbed by the history of feudal quarrels. They with the other branches of . the Ituysl 'Painily.,aud would then sit in judgment upon the great Law er mare close connexion with the Sovereign as yens of the 19th century ; and, lie fervently hoped, the head of that family. In the time of John there that should any difficulties arise, they should refer was a distinct recognition of the Queen's right, for to the first decision upon this most important quer- in an ancient document it would be seen that lion with all the confidence which the great names " Ile commune consensu et voittittate episeoporome of those who pronounced it were calculated to &traitorous eSioutque pupal toilets regiii, Regina inspire. curonetn,". Here then you have io these times a Mr. DIENNIAN then addressed their Lordships. complete evidence of the solemnity of crowning He commeuced by stating, that. ies discharging the Queen, as well as the manner and object of the important duty which had fallen to his lot, he doing U.. The same principle upon which the King lived that, after the extraordinary research and was crowned, was recognised with respect to her legal argument they bad just heard, he should only Majesty. It must be. remembered ilae Queeii was weaken the effect of that which had been submitted not merely the , wife of the Kiieg, but the mother to them, and diminish the light which had been of the Royal progeny; abe was the mother of the cast upon this most important question; but in a King's offspring ; she was the person through whom case so novel, so important, so closely interwoven the succession to the Crown. the grand favourite with the greet institutions of the country, and so of the law , was to be transmitted. The law. was ex- deeplyinterestiug to all nations where knigly go tremtly jealous, and watched with the utmost care vernment+was upheld, lie should feel that he had her conduct, and .the opinion of her conduct, for abandoned his duty if he abstained from addressing upon her purity depended the peace and happiness their 'Lordships, even after his Learned Friend. .if the realm. Both the. purity orally Queen and If lie found it necessary to deprecate any idea of the opinion of her purity were, strictly gnaided by favour on behalf of lire Majesty. or asserted her the law. The law of treason wits (ruined to pre- right in a tone of boldness and confidence, he vent the royal blood from being tainted, and also must entreat their Lordships' favourable eon to prevent illegitimate issue front being imposed etruction ; fur although tie would nut be sup upon the country; and it was only second in im. posed fur one moment to compromise or sure portsuce that suspicion should be prevented from render her Majesty'. right., lie should be equally arising .that might taint the succession. fur such averse to offering the slightest disrespect to their suspicion could not fait to plunge the country into Lordships. The corotiat..m of Kings and Queens innumerable evils. These ware out merely the has always been considered a religious ceremony, grotto& of the statute of treason. but the stature as a solemn compact, and in any thing that should of Edward VI. was declaratory of this construction, fall from him, he would out be underetood as and in the Illlrror, which Lord Coke quoted, , meaning to cast any reflection upon that lent of the same principle mat laid down ; the seine pain- it which was • mere ceremony. In a free country, ciple was found to the common law of those time*, and iii a free state, much depends upon the recol to which be looked back for the usage and practice lections of ancient times, in being able to truce the for which he woe then contending. But could a l ly rights of those its.. whom the. Kingly office was man doubt the object of this aoleineity was to hold vested. Nothing could tend more to bind s free up the Queen... wife to the King, in order to put people to the instittitions of their country. It be an end to all questions . upon thet subject, when came a part of the pride and properly of every the validity of the Royal matriage might be doubt- man in the country, fur there was a degree of null ed. He was now, speaking of times alien chin- vidual dignity which every man felt in seeing the destine marriages might have taken place, and be right of his Sovereign derived from the earliest involved in considerable obscurity. and when the age., end lie considered it no small tniefortune to .anost fatal doubts might be euteitained as to who the institutions of other countries to want these „„,,, t h e w ir e of t h e K ing . an d s t i ll more , wh o wa s valuable recollections. It was the remark of a . the mother of his offspring; and in cases where most itilelligeut English traveller of mit:alter even .•the King was married before hit accession, doubts try, America, who in speaking in rapture. of every were touch more likely to arise; .for lie assumed thing rotund them, lamented the absence of that • the possobtlity of the marriage brittle secret, and which time only could repair, that they had no alaims [mine to the Crown by the children of such memorials of former limes. There was another co nt r act. The circumstance of a Queen bring striking instance of this in an individual whose .beyond the age of child-brariog had nothing whet.. death had been lately made known to the world. ever t o do with the matter. The Lbw of treason —He who had attained a degree of military affected a Queen to the end of life. There was no glory unprecedented, be who . had achieved a propriety in !elutes appealing to the fact, and it train of illustrious actions as a soldier, such as was hardly decent for hint. when speaking or law amid never before dignified the character of man—yet theuature of law, to admit even the probability of an was he unable to establish that nobility and re. appeal t o f a ct. It might b e 1444 that lie assumed spell which inferior minds derived from antiquity. a right *gannet the King. fle,did no such t hi ng . H e s ho u ld, t h ere f ore, always wish to speak- with. reverence o f ancient i nst i tut i ons, b ut we should He assumed a right in behalf of both the Ki ng en d the Queen; he asserted the right nut on behalf of the ' not strip them of that from which the derive Queeutdoue, but for the tit her branches of R o y a l th eir importance, sud use the langu age of a f am ily, soil fur the Sovereign, as the head of that I great man, who flout vatious circumstencesilitard,- said family. Wae it to he that no right which a dened to be o ne o f the best historians of Eigtu irThie la an English, not a Turkish r.* easest Amu does not h rfr Item succeed Atunrath, bat Harry. Harry." The coronation of Kings of Zap lead- depended upon custom alooe; then, was eo solemn or positive law; it is:a law recogamed by usage of the earliest times, and he -thought -shauld be able to_ convince Ante _Lord.- .eps that there was nothing could bi - .4ersved from this source to prevent her Majesty from participating in it. His Learned Fieriest had re ferred their Lordships to a work entitled The Titles of Hersoar, the prodnctiou of one of the wisest of men, who did not consider it unworthy of his great talents to record the rank, and diguity, aed court history of stations. In speaking of the distinctions tube observed at a coronation when a King was married, he mid, " Si forte ilia tem pore, quo Rex sit coronatue, habaerit uxorene, tom 'sewn est coroouri ;" and iu epeirkiug of the cot*. nation of a French Empress, he quoted the lan guage of the French Ritual, " Regina Mom is teelesiata abilreendu, mite altars prostrandu."— It might look like an affectation of antiqua rian research, but when they saw this great mau inquire with such atteution into the sub ject, and coostasitly warning against the depar ture Item ancient custom, it 'appeared to him that there was something in it to deter mew from infnnging upon the established institutione of the country. His Learned Friend had pursued the custom of crowning Queens down from the Con quest, and he should make a few observations upon the principle from which the claim had originated. it must, in Ilia opinion, have had some reference to the Royal progeny ; it gave the people an assurance that she was the mother of the heir to the throne. The stature of the matrimonial contract, the habit of betrothing children at an early age, the difficul ties of deciding the mealy ecclesiastical questions that arose, all suggested the propriety of establish ing this solemn contract. in the case of the mar riage of A rbysa, the wife of John, the marriage was initialled *is the groups' of consaugninity, and the marriage of his second wife Isabel, who was crown ed, was publicly proclaimed. The custom of crowning the Queen, like all other customs, must be supported by such evidence as the nature of that case would admit, mid he appealed to their Lord ships if ever there was such a body of evidence, founded aspou immemorial usage, adduced its sup., port of any claim. Since the Concinest re Queens have been crowned, some with, others without these husbands. The wife of William I. was certainly crowned ; the wife of William 11. was also crown-' ed. There could be no doubt that the wife of .Stephen was crowned.. The wife of Henry was eretereed two or three times. Richard I. was crowned _with his wife Belingaria, iu the Isle of Cyprus Edward I. was undoubtedly crowned with his first l , wiree• There was no certainty or the second, and so ' down to Henry VIII. and this reign did not fur uish any very strong or very desirable precedent. His two first wives were crowned with him ; cies cumitauces might very well account for the meal eion of the two last. But them exceptions afford.. ed no argument against the right. Three of the wives of Henry VIII. were his oars subjects, snail Anne of Cleves, who came over to this coontry,i was soon glad to get rid of the office and retire 4 passing fur his sister. It would scarcely be neceser awry for him to remark on the case of Henrietta' -.llfieria, fur if it lied not been sufficiently esplainedl by hie Learned Friend, it would be vain foe his to' -attempt it coming to this country Beebe did, et a times , when Pottery was most detested, so much so that else was actually ' warned against keeping her: Men servants about her because they were Papists. When we considered all these circumstances, it ape -peered to him far inure extraordinary that the pods motion iris issued at all than that the coronation did not take place. The King must have aceuireli the almost unpopularity, and the Queeen was happy to save him more of it. One might easily suppose that Charles 1. had mentioned the circumstance to the Queen, and that she bad consented to waive her right ; but because she declined from reasons of policy to be crowned, it by no means followed that the had no right. But the peculiar circumstances in which her present Majesty war placed, reedered it impossible that she should waive any right; she could surrender none of her privileges without sub jecting'herself to certain imputations, as the whole course of her life had proved. But suppose that ice former instances the right had been wairee, it would ouly prove that the right did exist, and had bee, given up from motives of policy, and that humble consideration and desire to yield to the wishes ot her huabaud, which every wife; whether living with' him or separately, should be inclined to feel. al would now make a few observations on the nature of custom itself. He did not Wean to inquire whether it were called the prescription of thi Queen, or for the benefit of the people, for wiiose benefit alone all Kings and Princes reigned. It hail been thus defined : " Pre. scriptio at titulars ex alectoritate legi deri. l autos" or this possession and usage ; they had brought down the uninterrupted succession with only one exception, and lie really UMW at • !meter knew how it would be possible to eubsoit a more indirputable case. The King of this country, although lie was almost omnipotent iu matters of renk and dignity, yet he could do nothing except by law established—" Nihil ailed poles. Rex, quarts good de lege potest ;" nor could he interfere with the regular established order. It load been humorously said, that one thing the King could not da, and that was, to make another King in Engl.iid. All that belonged to an individual in rank or dignity, nothing but au Act of the Legis lature could alter. The coronation was a so lernn compact, wherein the Monarch binds himself by oath to observe the statutes, customs, and laws of the land ; and would it be said, that upon this solemn occasion the King was at liberty to violate one of the ancient usages of the country, and that when lie we. entering upon the celebranon of tine ceremony, that he was at liberty of his own her will to dispeure with a most im ptortant portion of it ? Would it be said that the King, if lie thought proper, had the power lo ex clude every Peer of the realm from the coronation. Just as he would at his own private ball, as it suited his inclinations? If so, lie would destroy all the be nefit or it. Nothing done there would be binding, nothing would be solemnise, octane ; lie would vitiate the clemency, and destroy that which had been established by custom. It was to be a reli gious ceremony, and if there was out Win which more than another ought to be cherished by their Lordships, it was the derive to exclude from the mind of the illustrious person who presided, whet, he was pledging himself before the altar of hip God to govern the nation with mercy nod Os tics, every sentiment that could ot all interfere with that spirit unit temper with winch he should be inspired upon that solemn occasion. If grace and favour were the ground of the right of a Qoeca Cowart to be crowned, where, he would ask, was the proof of that circumstance? King Wilhelm I. when his Queen come over to this country had her crowned ; the mane had also hem the case with the Henrys and the Edwards. The I)ei gwatia was not conferred by the favour of the Kits, but was derived from the laws and cut toms (einismotidineel of the land. All the prero gatives of a Quern, although derived through rt.e King, yet were not enjoyed at his will. He was really at a loss to know in what way any person who might be called upon to argue on the other side, would set about proving his case. He could not think of a single argument by which such a propo sition could be supported. If from the begriming of time there was r nothing either in cerementai itself, or in any thing connected with it, which could lead to the supposition that any King who , issued orders for the coronation of Ins Queen did so as a matter of greet and fevoor, and not rather es acting ender the influence of a right established• by custom.-sif the summonses in the althea both persenages were the same, and required the attend. since of the same persons, it was too ;flitch at this length of time to suppose that by those orders and these summonses the King originated, rather than ucknowledged. the existence- of her right. Prince Henry, the sots of Henry IL, married a Princess of the illustrious House of France, who was not crowned with him, and on that occasion the Court of France remonstrated with him in the usual style of Princes, and the circumetance bad nearly produced • quarrel between the two countries. He contended that the right, although not alma &ldly stipulated, was yet implied in the marnage contract, and unless that contract were dissolved, wader any circumstances the right would still subsist. When the father of her present Majesty signed the contract of her marriage to the Prenee of Wailes, there could be no donbe that lie understood it to be implied, and . virtuatly, though not specifically sti pulated, that whenever the husband should cease to be Prince of Wales and should arrive at the honour of the crown, she shonicl participate in she increase of his honours, and among the rest, in the solemn reeognition.ef her sight to wear that crows which had been placed on the heads of all her pre decessors. And 'surely' it would not he contended that become her futher was nq more, became there was no power abroad to intetfere iu her behalf, she ought, therefore, to be deprived of her chitin to that honour to which, not only by the agreement with her father in the, marriage contract she was entitled, but which was also by the tindisturbed autumn and uninterrupted usage of the country her right. If a right so established were not se cure, then no right whatever either of property, dignity, or privilege rr this kingdom could rest on. secure foundation. The Crowe itself mated on custom. Why was this • kingly government ? Why did this country submit to be governed by a King 1 Because from the earliest ages a kingly goes-maw Imo existed in the country ; I because a Kane had at ail times been recog nised in the country ; because beyond all time the kingly authority had been here • establish ed. Why did Juries dispose of the lives and properties of OHM Because it was the custom of the country. . Why dud the Peers of. the realm sic in a Ilottiteof Lords ? Because., cuateno had given them that right. Why viterelehelniodle represented by the Cognisant"? Brendle - sinia•the custom of the country. It was only *by custom that Kings, Lords, and Commons;_. farmed thi; cone iitutional Legislature of the country. Ail titles, dignities, offices, sod possessions, were.by curown ; all property was by prescription. He said thiiiaot to-derogate from, but to add to the security dt.ehose rights; to shew that they were grounded ma Vie best and soundest principles of human native; If they had 'hewn that the psinciple oa which the .iight now claimed by her Majesty rested could lint •be vio lated without destroying the ground cur which every other was established, it was impossible that for any of eaprdieucy or cuusenieace it should be withheld. If the principle were adMitted, tbey must take the advantages with-the dis•drantages the consequences with the arguments—the •benefits - with the evil. If they admitted the argument they must admit the deduction. All the grounds of obedience and allegiapce would otherwise be shaken, as they all rested on the foundation of custom. He agreed with his Learned Friend is. thinking. that at would be highly improper to al lude in this argument to any of the peculiar cir cumstances of her Majesty's siteution. If her right to be crowned were established, she could not by those circumstances be deprived of it ; if had no right but what proceeded from grace or favour, her Majesty must not; could nut expect to be crown ed. Would to God her Majesty were ins situation to ask for favour front her Royal Husband ; would to God she were so circumstanced as to be entitled to sue to him for a matter of grace ; would that she had it in her power to waive the question of right! Iftherights of one individoal were unjustly disturbed—if the principle were once pat in ope ration, there was not one men issahe fr3llll oho could say that he hail the same interest and security in his property as before. Her Majesty stood there for her successors, fur the people of Englaud— she stood there to advocate that claim, which could not by her be abandoned without com promising the rights of all. It was difficult to leave such • question without ' , inking minute ly into the kiwi of evidence which had beet, laid before their Lordships in support of it. lo a Court of Justice could such evidence be heard without effect Take the instance of • right of pasture or a right of way, and if such evidence iu support of its exercise were given in any Court as had been laid before their Lordships in this ease, he could not for a moment doubt that nothing on earth could get over it but some clear and undoubted proof of the iaterruption slits exercise. They had taken every instance of what might be called interruption, and had shown that they were not only hot fatal to the claim, but that they did not in any manner bear upon the queition. If they refitted to James IL there was no could said of his were personal will and plleasstre r -subject could enjoy was to be allowed without some Ni or be i fi2polo No rapport the act proceeding from the Crown If this caste se, Am apasseryidliiir die Soilsitseersed then no subject has any rights. For whet mesas HMI forigEsWedd.s. kji‘drintl. 'ThelPills■ had a *tibiae! <ts reader his right eflhettsal, if Ito lent stitullbi ii blicaco. Any itdd jected, -without theAtiterference of the Croton/ sole the salmi S.bstevei way the Sovereign matt All writs issued from the •King, upon these writs the asst-Jae ..erotoif Jai. pasuuTts .obro.sight..af the subject .dapauded; .hatt.if -Ls after K~ titapeuie with. Every selentnity of the Oa - was refused; bow was the subject to attain the • Shit in question derived from antiquity, and aged fee t ? •He might, it am true, proceed agaitst the hoc ibel:seam Seedr must be heard ;won othenia. cer, but were there so rights which the subject per