m k i 
not plead an aft of parliament as a fubject is bound to do. 
4. Rep. 75. He is not bound to join in demurrer on evi¬ 
dence, and the court may direct the jury to find the mas¬ 
ter fpecially. Finch. 82. 5 Rep. 104.. The king’s own tes¬ 
timony of any thing done in his prefence is of as high a 
nature and credit as any record ; whence, in all original 
■writs or precepts, he u(eth no other witnefs than himielf; 
as, tejle meipfo. 1 Inf. 41, 57. 
It is alio held, that the king is by his prerogative uni- 
verfal occupant, as all property is prefumed to have been 
originally in the crown ; and that he partitioned it out in 
large diltrifts to the great men who deferved well of him 
in the wars, and were able to advife him in t»me of peace. 
Hence the king hath the direct dominion ; and all lands 
are holden mediately or immediately from the crown. Co. 
Lit. 1. Dyer 154. 1 Bend. 237. Seld. Mare ClauJ. 
If the fea leaves any Ihore by the water Suddenly falling 
off, Such derelift lands belong to the king; but, if a man’s 
lands lying to the fea are increafed by infenfible degrees, 
they belong to the foil adjoining. Dyer 326. 2 Rob. Abr. 170. 
So, if a river, fo far as there is a flux of the fea, leaves its 
channel, it belongs to the king ; for the Englifli fea and 
channels belong to the king; and, having never diftri- 
buted them out to the Subjects, he hath a property in the 
foil. 2 Rob. Abr. 170. But if a river, in which there is no 
tide, fliould leave its bed, it belongs to the owners on both 
iides ; for they have in that cafe the property of the foil ; 
this being no original part or appendix to the fea, but dis¬ 
tributed out as other lands. 2 Rob. Abr. 170. If land be 
drowned, and fo continue for years ; if it be after regain¬ 
ed, every owner flial! have his filtered: again, if it can be 
known by the boundaries. 8 Co. Sir Francis Barrington's 
cafe. It is.faid, that there is a cuftom in Lincolnihire, 
that the lord of the manors fliall have derelift lands; and 
that as Such it is a reafonable cuftom ; for, if the fea walh 
away the lands of the fubjeft, he can have no recompence, 
unlefs he fliould be entitled to what he regains from the 
fea. 
The king hath the Sovereign dominion in all feas and 
great rivers, which is plain from Selden’s account of the 
ancient Saxons, who dealt very Successfully in all naval- 
affairs ; therefore the territories of the Englifli feas and 
rivers always refided in the king. Seld. Mar. Ci. 251. And, 
as the king hath a prerogative in the feas, fo hath he like- 
wife a right to the fiihery and to the foil; fo that if a river, 
as far as there is a flux of the fea, leaves its channel, it be¬ 
longs to the king. Dyer 326. 2 Rot. Abr. 170. Hence the 
Admiralty Court, which is a court for all maritime caufes 
or matters arifing on the high feas, is deemed the king’s 
court, and its jurifdiftion derived from him who protefts 
his fubjefts from pirates, and provides for the Security of 
trade and navigation. 4 Inf. 142. Molloy 66. From the 
king’s dominion over the lea it was holden, that the king, 
as proteftor and guardian of the feas, might, before any 
Statute made for commiflions of Sewers, provide againlt in¬ 
undations by lands, banks, See. and that he had a prero¬ 
gative herein, as well as in defending his fubjefts from pi¬ 
rates, See. 10 Co. 141. But, notwithstanding the king’s 
prerogative in feas and navigable rivers, yet it hath been 
always held, that a fubjebt may fifli in the fea; which, be¬ 
ing a matter of common right, and the means of liveli¬ 
hood, and for the good of the commonwealth, cannot be 
reftrainedby grant or prescription. f\(o it is held, that 
every fubjeft of common right may fifli with lawful nets, 
See. in a navigable river, as well as in the fea; and the 
king’s grant cannot bar them thereof 5 but the crown only 
has a right to royal fifli, and that the king only may grant. 
It is alfo Said, that the king, as a perpetual Sign and ac¬ 
knowledgment of his dominion of the feas, hath Several 
creatures referved to him under the denomination of royal 
creatures, as fwans, fturgeons, and whales 5 all which are 
natives of feas and rivers. 7 Co. 16. 
The kings of England, by the Lateran council, under 
pope Julius II. had the title of Chrifianiffimus conferred 
on them ; and that of Defender cf the Faith was added by 
N G. 
pope Leo JC. though it had been ufed by them Some time- 
before. 1 he title of Grace was firft given to our kings 
about the time of Henry IV. and that of Majefy firlt to 
Henry VIII. before which time our kings were called Grace, 
Highnefs, See. In all public inltrnments and letters, the 
king Ityles himfelf nos, “ we ;” though till the time of king 
John lie fpoke in the lingular number. The law aferibes to 
the king the attribute of fovereignty or pre-eminence. See 
Brad. 1 . 1. c. 8. He is faid to have imperial dignity ; and 
in charters, before the conquell, is frequently ityled Bafi- 
leus and Imperator ; the titles relpeftiveiy afl'urned by the 
emperors of the Eaft and Welt. His realm is declared to 
be an empire, and his crown imperial, by many afts of par¬ 
liament ; which at the fame time declare the king to be 
the fupreme head of the realm in matters both civil and 
ecclefialtical ; and, of confequence, inferior to no man 
upon earth, dependent on no man, accountable to no 
man. No king of England ufed any feal of arms till the 
reign of Richard I. Before that time, the leal was the 
king fitting in a chair of ftate on one fide of the feal, and 
on horfeback on the other fide; but this king fealed with 
a feal cf two lions ; and king John was the firlt that bare 
three lions; and afterwards Edward III. quartered the 
arms of France, which was continued till the Irilh union, 
Jan. 1, 1801. 
The meaning of the legiflature when it ufes thefe terms 
of empire and imperial, and applies them to the realm 
and crown of England, is only to alfert that our king 
is equally fovereign and independent, within thefe his 
dominions, as any emperor is in his empire, and owes 
no kind of fubjeftion to any other potentate upon earth. 
Hence it is, that no fuit or aftion can be brought againlt 
the king, even in civil matters, becaufe no court can have 
jurifdiftion over him. All jurifdiftion implies fuperiority 
of power ; authority to try would be vain and idle with¬ 
out authority to redrefs ; and the fentence of a court 
would be contemptible, unlefs that court had power to 
command the execution of it; but who, fays Finch, (hall 
command the king ? Hence it is likewife, that by law 
the perfon of the king is facred, even though the meafures 
purified in his reign be completely tyrannical and arbi¬ 
trary ; for no jurifdiftion upon earth has power to try 
him in a criminal way, much lefs to condemn him to pu- 
nifliment. If any foreign jurifdiftion had this power, as 
was formerly claimed by the pope, the independence of 
the kingdom would be no more ; and, if fuch a power 
were veited in any dotneftic tribunal, there would foon be 
an end of the conftitution, by deftroying the free agency 
of one of the conftituent parts of the fovereign legillativs 
power. 
Are then, it may be alked, the fubjefts of England to¬ 
tally dellitute of remedy, in cafe the crown fliould invade 
their rights, either by private injuries or public oppref- 
fiofis ? To this we may anivver, that the law has provided 
a remedy in both cafes. As to private injuries; if any 
perfon has, in point of property, a juft demand upon the 
king, he muff petition him in his Court of Chancery, 
where his chancellor will adminilter right as a matter of 
grace, though not upon compullion. Finch, 1 . 255. As to 
cafes of ordinary public oppreflion, where the vitals of the 
conftitution are not attacked, the law has alfo afiigned a 
remedy. For, as a king cannot mifufe his powers without 
the advice of evil counfellors, and the afliftance of wicked 
minifters, thefe men may be examined and puniflied. The 
conftitution has therefore provided, by means of indift- 
ments and parliamentary impeachments, that no man (hall 
dare to aflilt the crown in contradiftion to the law of the 
land. But at the fame time it is a maxim in thofe laws, 
that the king himfelf can do no wrong ; fince it would be 
a great weaknefs and abfurdity, in any fyftem of pofitive 
law, to define any poifible wrong, without any poflible re¬ 
drefs. 
As to fuch public oppreftions as tend to diffolve the 
conftitution, and fubvert the fundamentals of government, 
thefe are cafes which the law will not, out of decency, 
(fippofe j 
