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18 June 1811
Parl. Reform
Fallacies[?]
Abdication
[…?] no viz[?] […?]
What I do not mean is by any of these cases[?] has now a perfection[?] to call upon L d Ellenborough be a Quo Warranto to imply be of […?].
Blackstone’s Commentaries Book I, Ch.18. Of Persons, p.473.
“A Corporation may be dissolved .... 3. By surrender of the franchises into the hands of the King, which is a kind of suicide; 4. By forfeiture of its Charter, through negligence or abuse of its franchises; in which case the law judges that the body politic has broken, the condition upon which it were incorporated, and thereupon the incorporation is void. And the regular course is to bring anent[?] information in the nature of a writ of Quo Warranto to enquire by what warrant the Members now exercise their corporate power, having forfeited it by such and such proceedings.”
Blackstone’s Commentaries Book II, Ch. 10.
Estates upon Condition.
“Estates upon condition imputed in law, are where a grant of an estate has a condition annexed to it inseparably, from its essence and constitution, although no condition be expressed in words. As if a grant be made to a man of an office, generally without adding other words; the law tacitly annexes hereto a secret condition, that the grantee shall duly execute his office (b), on breach of which condition it is lawful for the grantor or his heirs, to oust him, and grant it to another person c. For an Office, either public or private, may be forfeited by mis-user or non-user; both of which are breaches of this implied condition. 1. By mis-user, or abuse; as if a judge takes a bribe, or a park-keeper kills deer without authority; 2. By non-user or neglect; which in public offices, that concern the administration of justice or the commonwealth, is of itself a direct and immediate cause of forfeiture: but non-user of a private office is no cause of forfeiture, unless some special damage is proved to be occasioned thereby. d
For in the one /that/ case delay must necessarily be occasioned in the affairs of the public, which require a constant attention, but private office not requiring so regular and unremitted a service, the temporary neglect of them is not necessarily productive of mischief; upon which account some special loss must be proved, in order to vacate these.”
(b) Lett §.378
c Lett. §.379
d Co. Lett. 233
[Marginal entries:]
Words of the Scotch Convention as per Hume VIII 309
That King James, by his mal-administration and his abuse of power had forfeited all title to the Crown “... they” accordingly “made a tender of the royal dignity to the Power of Kings[?]”
Words of the Two English Houses of Parliament p310.
That King James 2. having endeavoured to controul[?] the constitution of the kingdom, by breaking the original contract between King and People; and having, by the advice of Jesuits and other wicked persons, violated the fundamental laws, and withdrawn himself out of the Kingdom, has abdicated the Government, and that the throne is thereby vacant.
Amendment given up by the Lords For abdicated - deserted.
Similar Items
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Title: [19 June 1811 Abdication Blackstone]Description: 19 June 1811 Abdication Blackstone 2 {6} 32 breach of which condition it is lawful for the grantor or his heirs, to oust him and grant it to another person. (c) “For” (continues he) an office, either public or private, may be forfeited by mis-user or non-user; both of which are breaches of this implied condition. 1. By misuser or abuse; as if a Judge takes a bribe, or a park-keeper kills deer without authority. 2. By non-user or […?]; which, in public offices, that concern the administration of justice or the commonwealth is of itself a direct and immediate cause of forfeiture: but non-user of a private office is no cause of forfeiture, unless some special damage is proved to be occasioned thereby. (d) For in the one case delay must necessarily be occasioned in the affairs of the public, which require a constant attention; but private offices not requiring so regular and unremitted a service (Quære how does he know them?) the temporary neglect of them is not necessarily productive of mischief; upon which account some special loss must be proved in order to vacate these.” (c) Lett. §.379 (d) Co. Lett. 238.
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Title: [19 June 1811 Abdication Blackstone]Description: 19 June 1811 Abdication Blackstone 5 9 35 The doctrine thus delivered is as from so pure and unexceptionable a source, let us apply it to the case of the Honourable House. No office consists in a share of the supreme power in the state, and forasmuch as among the duties of it is that of superintending the conduct of the holder of that other branch of the supreme power which in one /some/ points of view may be said to be the highest, it is not without its pretensions to the character /stile and title/ of the highest also. Now, Sir in relation to this office of supreme controul, the position /positions/ I have to maintain is /are/ that by the present holders of it, it has been forfeited, forfeited both /not only/ by misuser and non-user: forfeited and not only forfeited but moreover abdicated: by misuser /non-user/ as well as by non-user /mis-user/ forfeited, by non-user not only forfeited but abdicated beyond all descent: forfeited and abdicated, not to speak of that other mode of {dereliction} which to some eyes might seem applicable to the purpose and which consists in the “surrender of its franchises into the hands of the King, which,” according to our Commentator “is a kind of suicide”.
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Title: [20 June 1811 Abdication Corruption]Description: 20 June 1811 Abdication Corruption & Idleness 6 Misuses by and through corruption - non-uses or to speak at the same time more popularly /more intelligibly/ and /at the same time/ more extensively and properly idleness, these proceeding on the ground /prescription/ of Blackstone’s law the law of England as lay /laid/ down by Blackstone I venture to state as the grounds of a forfeiture which to the purpose of the necessary remedy ought in the present case to be considered as having been incurred /taken place/. Children of corruption, children of idleness - children of idleness and corruption - under /to/ /among/ one or other of these heads may to this purpose the population of the House or at the least such a majority as /as decided/ while it carries with it the power gives the law character and complection of the whole be distributed. By the corruption of the corrupt, the trust (speaking {still} with Blackstone) the trust (I say) the power being a trust has I say been forfeited. By the idleness of the idle (speaking still with Blackstone) this same trust has I say been - that is the exercise of it at least has I say been abdicated: by corruption and idleness taken together by the act of those who being habitual corrupt have been occasionally idle and by the act of those who being habitually idle have been occasionally corrupt, the trust itself that is the power attached to /which forms the base of/ it has been both forfeited and abdicated.
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