Friday, November 10, 2017

Revocation of Hamblin's Patent by the Privy Council in 1732: Documents

An informative survey of revocations of patent grants by the Privy Council in England in the 18th century is to be in the following paper:

Privy Council and Scire Facias 1700-1883: An Addendum to the Brief for H. Tomas Gomez-Arostegui and Sean Bottomley As Amici Curiae in Support of Neither Party
Tomas Gomez-Arostegui
Lewis & Clark Law School
Sean Bottomley
Institute for Advanced Study in Toulouse.

This post is concerned specifically with those Privy Council papers from 1731 and 1732 relating to the revocation of a patent granted to Robert Hamblin in 1732 following receipt of a petition from Trinity House, a body incorporated by royal charter in 1514, with statutory authority for pilotage etc. in the Port of London and for lighthouses and lightships around the coasts of England and Wales.

Reasons why the law officers recommended revocation.

That it did appear from the Instrument enrolled and from the swimming Light already erected that the said Robert Hamblin hath aimed at obtaining a power of setting up new Lights under colour of the said Letters Patent rather than of distinguishing those now in being, but as no such power is granted to him by the said Letters Patent they are of opinion that such attempt is not warranted thereby and is therefore an abuse of the Grant, and contrary to Law.

And that it further appeared to them that his general Project of Erecting new Lights particularly swimming Lights wherever he thins fit upon the coast of England and of making a New Chart of such coast may be highly prejudicial and inconvenient to Your majesty's subjects and injurious to the Trade and Navigation of this Kingdom.

Lord Chief Justice Eyre was present at the meeting of 20 April, 1732

The following list includes links to items in the Privy Council Records from the time of George II made available online for perusal at the website of the University of Houston O'Quinn Law Library

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.