"Did he acquire his title by descent? No; unless it was by a descent to
unworthy tricks which, I fear, are outside of the meaning of the law. By
purchase? If so, let him show a receipt. By occupancy? Yes, and by a
forcible occupancy which was as justifiable as his occupation of the
throne would be, an occupancy which can be shown in court to be an
entire subversion of the right of a prior occupant whose title was
acquired by inheritance."
"That's a strong point," said the exile.
"Yes, it is," said Hopkins, "especially in a country where birth means
so much. But that isn't all we have to say on this question of title. A
title can be held by prescription. Barncastle may claim that he got his
this way, but we can meet that by showing that he compounded his own
prescription, and originally got you to swallow it by a trick. He also
has a title by alienation, and there I think we may be weak since you
were a party to the final alienation, though we may be able to pull
through on even that point by showing that you consented only in the
expectation of an early return of the premises. It was an alienation by
deed, an innocent deed on your part, an infamous one on his. It was not
an alienation of record, which weakens his claim, but one of special
custom, which by no means weakens yours.
"And so, Edward, we might go on through the whole subject of the right
of property, and on every point we are strong, and on few can Barncastle
of Burningford put in the semblance of a defence."
"It's simply glorious," said the exile. "I don't believe there ever was
a case like it."
"I don't believe so either," said Toppleton. "And on the whole I'm glad
there never was. I should hate to think that a crime like this could
ever become a common one.
"Now," he said, resuming the discussion of the legal aspect of the
exile's case, "let us see what we can find under the head of 'Private
and Public Wrongs and their Remedies!' I suppose yours would come under
the head of a civil wrong, though your treatment has been very far from
civil. As such your redress lies in the Courts. You are forbidden to
take back what has been taken from you by a force which amounts to a
breach of the peace,--that is, it would not be lawful for you to seize
your own body and shake the life out of it for the purpose of yourself
becoming once more its animating spirit.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account