"No Time Runs Against the King" [Land Law]. [Great Britain]. A Defence of Some Proceedings Lately Depending in Parliament, To Render More Effectual The Act for Quieting the Possession of the Subject, Commonly Called the Nullum Tempus Act. With an Appendix, Containing an Affidavit in the Court of Exchequer, Concerning a Spoliation Which has Happened Among the Public Records Relative to the Title of Certain Estates Belonging to the Duke of Portland, Lately Granted by the Lords of the Treasury to Sir James Lowther. London: Printed for J. Almon, 1771. [ii], 5-52,  pp. Final leaf has a 1 pp, publisher advertisement. Octavo (8-1/4" x 4-3/4"). Stab-stitched pamphlet bound into recent period-style calf by Baynton-Riviere of Bath, blind rules to boards, raised bands and lettering piece to spine, gilt publication date to foot of spine, endpapers renewed, recent owner bookplate (of William Tarun Fehsenfeld) to front pastedown. Light browning to interior, light foxing in places, offsetting to upper inside corners of title page and following four leaves, light edgewear to a few leaves at beginning and end of text, early owner signature (of Joseph Chase) to head of p.5. A handsomely bound copy of a scarce title. $1,250. * Only edition. This pamphlet related to a property case William Cavendish-Bentinck, 3rd Duke of Portland, brought against James Lowther, 1st Earl of Lonsdale and the corporation of Carlisle that began in 1765. The land grant to Portland's ancestors rested on an act of James I that specified that ownership of lands held for sixty years could no longer be challenged except by the Crown. In 1767 Lonsdale successfully petitioned the Crown Treasury to revoke Portland's right to the land, claiming that it was not being used in accordance to the rules of the grant. In response, Portland's allies claimed no land would ever be safe if the legal issue at the heart of the case, nullum tempus occurrit regi ("no time runs against the king") was implemented. In the end Portland prevailed. This legal and legislative saga ended in 1702 in Portland's favor. OCLC locates 3 copies in North American law libraries (Library of Congress, University of Minnesota, York University), the ESTC adds 1 more (Harvard). English Short-Title Catalogue (ESTC) T32244.
Book number 73616