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1828 Sept. 9
Blackstone
Note (a) continued
Evidence real: so say, Law as it is: but in common
parlance real is no otherwise employed than to denote that which (it is supposed) is not
counterfeit, or as applied to an assertion, untrue. Real is
from res which is Latin for a thing. But all human
beings have need of knowing what in relation to them is law, few
human beings, is comparatively speaking either do know or
for any other than the present purpose have need of knowing that
res is Latin for a thing. if Law as it ought to be
would if it durst, instead of real say thinged: but Law as
it ought to be will not suffer this so long as if it can help it.
Now for Prehensors in their several disguises. Follows here
the names in which they have been muffled up.
1. Sheriff
2. Under Sheriff
3. Tipstaff.
4. Bound Bailiff: in common pronunciation Bum-Bailiff
5. Constable.
6. Serjeant at arms
Under Law as it is, nor yet without rational cause, persons at
large are in some cases invested with the authority of prehension. Of these
cases an example is the case of felony. But in point of intelligibility
to an unlearned understanding not to speak of learned ones, the word felony
is upon much the same footing as Abracadabra: to render it render it
intelligible would require volumes: and the greater the number of them
the further would it be from being intelligible. As to the modes see
Ch. Wrongs.
In a case of felony as above (☞ Quere in any & what others?)
a man may of his own motion execute the function of a prehensor.
If and when by the Sheriff, summoned to aid him in
and by so doing, he forms thereby one of the posse comitatus
the power of the County so denominated. Synonymous is In vulgar language
to one translation of posse comitatus is – Tag-Rag-, and Bobtail. For
the composition of this Assembly, which is not very frequently called
together, he who has curiosity will consult Blackstone or his authorities
or Blackstone and his authorities.
Identifier: | JB/031/187/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-09-09 |
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031 |
civil code |
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187 |
blackstone |
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001 |
note (a) continued |
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text sheet |
1 |
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recto |
c6 |
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jeremy bentham |
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9873 |
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