JB/547/068/001

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Novr 1810
Defence

"The eminent Judge" (says the late Dr Arthur Browne) "who
now" (Aº 1802) "presides in the Court of Admiralty, has
observed, that as long as the office of Lord High Admiral
(though now residing in the person of his Majesty) continues
to have a legal existence, it is extremely proper, that
the drosts and perquisites of the office should continue as
naturally distinguished; and although the difference may not
be very important as to any immediate consequence under the
present application of them, (which is directed by the treasury, and
not by the admiralty) it is still fit that they should be strictly,
and with as much exact observance of the ancient rules, accounted
for, as if the proceeds were carried in the ancient and distinct
. "Amongst these rules" says he "I take it to be an
established maxim that the rights of the lord high admiral are
to be considered as rights stricti juris, as rights originally granted,
in derogation of those higher rights of the crown, which
are vested in the crown for general utility: such grants
are to be construed strictly on the known presumption, that
the crown has not parted with any right which the public
wisdom has conferred upon it, farther than the express
words of the grant import".

"It is observed by the same high authority, that these
rights of the Lord high admiral are entitled to great attention
and respect, but an extension of them beyond their absolute
limits, is not to be favoured by construction; they are parts
and parcels of the ancient rights of the crown, communicated
by former grants to that great officer, under a very different
state and administration of his office, from that which now
exist in practice".

Identifier: | JB/547/068/001 "JB/" can not be assigned to a declared number type with value 547.
Date_1	1810-11-09	Marginal Summary Numbering	or 8
Box	547	Main Headings
Folio number	068	Info in main headings field	Defence
Image	001	Titles
Category	Text sheet	Number of Pages
Recto/Verso		Page Numbering
Penner	Jeremy Bentham	Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number
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