22 February 1639/40

State Papers, Domestic - Charles I, CCCCXLVI

22 February 1639/40

Petition of James Earl of Carlisle, Sir James Hay, and Archibald Hay, trustees for the estate of the late Earl of Carlisle, and of the trustees for the estate of Sir Peregrine Bertie and Sir Philip Landen, knts., deceased, viz., Sir George Theobalds, John Van Haesdonck, and divers others who are interested and have contracted for divers parcels of marsh land, to the King. That the marshes and marish grounds lying between ebb and flow of the tide in England and Wales have been reputed parcel of the prerogative, as well in this realm as in Scotland and Ireland, and in some case have been adjudged so in law. Petitioners and others your loyal subjects, relying on this your undoubted right and title, have been encouraged to contract and bargain with your Majesty for these lands, paying great sums of money to your Majesty for the same, besides expending great sums in embanking and reclaiming these marshes and recovering possession of them at law. Notwithstanding your grant of these marshes by letters patent, and your command under the Privy Signet declared to all justices and others for petitioner's quiet enjoyment of the same, [they can obtain no security] by reason of the common outcry, that your Majesty's title is not likely to prevail, and that it has become very doubtful in their opinions whether the matter in question of these marshes will be determined for or against your Majesty. Petitioners hope that these doubts may be removed if the beginning, progress, and increase of the said marshes from the nature, quality, and effects of the flowing and reflowing of the sea at spring tides, and the certain proofs and proper marks whereby these marshes may be distinctly known to differ from all upland grounds thereunto adjacent, were clearly set forth and declared as being the ground-work of your right and title to these marshes. For the just preservation of your rights, and to save petitioners from fruitlessly expending their money in a question of so great moment and sequence of profit to your Majesty, and yet so uncertain and doubtful to petitioners, they pray that you would command some special person of the Privy Council to undertake the care of this matter, and to consider what petitioners have digested concerning the nature, quality, and effects of the tides, and of the true origin and increment of salt marshes, and of the marks whereby they may be distinguished from all upland and natural ground, for to inform first your Majesty and the Council of the truth of the matter, and then you will vouchsafe to require all the judges of your Bench, Common Pleas, and Exchequer to meet the Council and such other persons as you shall appoint, at which meeting this question may be thoroughly and fully debated and considered, and such resolutions come to as in their grave judgement may best sort; wherein it is hoped that no lapse of time or habit of usurpations shall be admitted in evidence to extinguish or prejudice what was originally your Majesty's right and chief flower of your prerogative by infallible proofs of demonstration; and that your Majesty will be pleased soon after to receive an account of the consultation and resolution of the judges; and the same to be decreed to the full satisfaction of your Majesty and your subjects interested therein, and that accordingly the cases of your petitioners may be received into the bosom of your clemency and most gracious consideration.

Underwritten: His Majesty's pleasure is that the Lord Privy Seal, Earl of Dorset, Lord Lieutenant of Ireland, Lord Cottington, and Sec. Windebank shall take the care on his Majesty's behalf of the marshes, and consider what petitioners have digested concerning the same, and certify his Majesty from time to time their proceedings therein, and cause all such things to be put in execution as his Majesty shall please to order upon such certificates. Whitehall, 22nd Feb. 1639-40


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