Friday, July 6.--Mr. BROUGHAM rose at a few minutes after ten to resume
his speech. He had yesterday gone through a long and unbroken series of
precedents, showing that no king of England had ever been crowned, he
being married at the time of his coronation, without his consort
participating in that ceremony. Having gone so far, he contended that he
had a right to assume his larger proposition, that queens-consort had,
at all times throughout the ages of English history, themselves enjoyed
the ceremony of the coronation. If in one or two instances this was not
done at the time when the king's own coronation took place, and
supposing that there was an instance or two where the queen-consort
became such after the coronation of the king, still he would affirm,
that according to all the rules of argument, of law, and of common
sense, those few instances, (admitting there were some, though in point
of strict fact he believed there were none,) did not in any manner or
degree affect his general argument, which he held upon the authorities
he had cited to be altogether incontrovertible. He was not before their
lordships to show where the right which he asserted in behalf of the
queen-consort had been claimed and refused. In every instance, in which
it was actually possible for a coronation of a queen to take place, he
had shown that it had been solemnized. There was not a single case
which, _quoad_ that case, cast a doubt upon the uniform force of his
proposition, except that of Henrietta Maria, wife of Charles the First;
and he reminded their lordships, it was merely a doubt so far as that
particular case went. He had a right then to assume the larger
proposition, that all queens-consort of England had, in point of fact,
been crowned. Nothing was clearer in the rules of equity and law, than
that non-uses did not forfeit, unless where they clearly, from the
length of the lapse, involved a waiver of the claim. Where a right had
been disputed, and the opposition assented to by the party tacitly, or
confirmed by a competent authority, then, of course, there was an end to
the legal exercise of such a right. But here the very reverse was the
fact. Suppose he were called upon to prove a right of way or a right of
common, (the two instances in which the courts of law were most commonly
called upon to consider the length of usage,) the principle of law would
go with the uniformity, and the absence of exercising the right in one
or two particular instances would prove nothing. There were three modes
of calling into question the fact of usage; _first_, as to its uniform
enjoyment; _next_, where the right claimed by the party had been
contested, but nevertheless enjoyed by the person exercising it; and the
_third_ case was, where the right asserted had been confiscated, and an
adjudication passed upon it: that was of course held to be conclusive
against the party, where the right claimed was refused, opposed, and not
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