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14 June 1804
The remedy for... false
imprisonment, is by an
action of trespass vi et
armis... which is generally
& almost unavoidably
accompanied with a
charge of assault and
battery also
III 138
Abduction [of a man's
wife]... may either be
by fraud and persuasions
or open violence: though
in law in both cases
supposes force & constraint,
the wife having no power
to power to consent
III 139
Adultery... a public
crime
III 139
The law of society is ... a kind
of secondary law of nature
III 145
Things personal are
looked upon by the law
as of a nature so transitory
and perishable, that
it is for the most part
impossible either to ascertain
their identity, or to restore
them in the same condition
as when they came
to the hands of the wrongful
possessor
III 146
By a fiction of law
actions of trover were...
permitted to be brought
against any man, who
had in his possession by
any means whatsoever
the personal goods of another
& sold them or used
them without the consent
of the owner, or refused
to deliver them when demanded
III 152
The fact of... trover... is
totally immaterial, — for
the pltf needs only to suggest...
that he lost such
goods, and that the
deft found them
III 152
Contract... implied by
law... are such as reason
& justice dictate, & which
therefore the law presumes
every man has contracted
to perform
III 158
.
---page break---
Every person is bound &
hath virtually agreed to
pay such particular sum
of money, as are charged
on him by the sentence,
or assessed by the interpretation
of the law.
III 158
For it is part of the original
contract... to submit to in
all points to the municipal
constitutions & local
ordinances of that state,
of which each individual
is a member. Whatever
therefore the laws order
any one to pay, that instantly
becomes a debt which
he hath before hand contracted
to discharge
III 158
Assumpsits... constantly
arise from this general
interdictment implication &
attendment of the of the acts of judicature,
that every man
hath engaged to perform
what his duty or justice
requires
III 161
Fictions by which actions
of assumpsit made to bear on the
several cases to which they
are applied
III 160 &c
Taking possession of...
land the same instant that
the prior occupier by his
death relinquishes it, however
agreeable to natural
justice... is diametrically
opposite to the law of society
II 168
Dispersion of incorporeal
hereditaments cannot be
an actual dispossession;
for the subject itself is
neither capable of actual
bodily possession, nor
dispossession
III 170
In corporeal hereditaments,
a man may frequently
suppose himself to be dispersed
when he is not so in fact,
for the sake of intitling himself
to the more easy and
commodious remedy of an
assize of novel dispersion...
instead of being drawn to
the more tedious process
of a writ of entry
III 170
III 190
---page break---
The [ancient] forms an
indeed preserved in the
practice of common recoveries;
but they are forms;
& nothing else; for which
the very clerks that pass
them an capable
to assign the man
III 197
Fiction by means of which the remedy
of ejectment is applied to title of lands or tenements
freehold as tried by ejectment
III 201
203
Trespass .... offence against
the law of nature
III 208
Every man's land is in
the eye of the law enclosed
& set apart from his neighbours
III 209
The law always couples
the idea of force with that
of intrusion upon the property
of another
III 211
No nuisance to obstruct
modern lights windows
II 217
Depriving one of a matter
of pleasure... as it abridges
nothing that is really
convenient or necessary, is
no injury to the sufferer
III 217
Nemo est haeres viventis
III 224
The law... looks upon
the cure of souls as too
arduous & important a
task to be eg eagerly sought
for by any serious clergyman,
& therefore will
not permit him to contend
openly at law for
a change or trust which
it is presumed he undertakes
with diffidence
III 252
The prerogative of the
Crown extends not to do
any injury
III 255
The law... presumes
that to know of an injury
& redress it, an inseparable
in the royal breast
III 255
To... the King... no laches
is ever imputed, & by whom
right is never defeated by
any limitation or length
of king
III 237
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