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17 July 1804
Estrays... the law gives
...to the King as the
general owner and lord
permanent of the soil,
in recompence for the
damage they have done
therein
I 287
Animals upon which
the law sets no value,
as a dog or cat, and
animals ferae naturae,
as a bear or wolf cannot
be considered as
estrays.
I 288
The king should
have the several revenues
of royal fish, shipwrecks,
treasure trove, waifs &
estrays .... because ... by
the law of nature they
belonged to the first occupant
or finder
I 288
Reason... of... forfeiture
for crimes... all property
is derived from society
... If therefore a member
of any national community
violates the
fundamental contract
of his association, by
transgressing the municipal
law, he forfeits
his right to such privileges
as he claims by
that contract; & the state
may very justly resume
that portion of property
... which the laws have
before assigned him.
Hence in every offence
of an atrocious kind,
the laws... have exacted
a total complication of the
..., of the offender's...
property in the King, who
is the person supposed to
be offended, being the one,
visible magistrate in
whom the majesty of
the public resides
I 289
---page break---
The king... is customed,
in the eye of the law, the
original proprietor of
all the lands in the
kingdom
I 292
An idiot, or natural
fool, is one that hath
had no understanding
from his nativity; and
therefore is by law presumed
never likely to
attain any. For which
reason the custody of him
& his lands... [is] given
to the King
I 292
Recourse must... be had
to prevent it [smuggling]
perhaps even to capital
ones: which destroys all
proportion of punishment,
& put murderers upon
an equal footing with
such as are really guilty
of no natural, but
merely a positive offence
I 307
Sheriff... the keeper of
the King's peace
I 331, 2
When any person is
slain or dies suddenly...
the coroner... must... sit
at the very place where
the death happened
I 337
The King's majesty is...
the principal conservator
of the peace within all
his dominions... hence it
is usually called the King's
peace
I 338
The general duty of all
constables... as well as of
the other offices, is to
keep the King's peace in
their several districts; &
to that purpose they are
armed with very large
powers... of the extent
of which... it is perhaps
very well that they are
generally kept in ignorance
I 338
---page break---
In England... a settled
principle of tenure, that
all lands in the kingdom
are holden of the King as
their sovereign and lord
paramount
I 355
But, besides... express
engagements, the law also
holds that there is an
implied, original, and
virtual allegiance, owing
from every subject to
his sovereign, antecedently
to any express promise
I 356
Sr Edwd Coke ... observes
that "all subjects are equally
bounden to their allegiance,
as if they had
taken the oath; because
it is written by the
finger of the law in
their hearts."
I 357
Natural allegiance is
such as is due from all
men born within the
King's dominions immediately
upon their birth.
For immediately upon
their birth they are under
the King's protection...
Natural allegiance is
therefore a debt of gratitude
I 357
Allegiance is a debt
due from the subject,
upon an implied contract
with the prince,
that so long as the one
affords protection, so long
the other will demean
himself faithfully
I 358
A denizen... cannot
take by inheritance: for
his parent through whom
he must claim, being
an alien, had no inheritable
blood, and
therefore could convey
none to his son.
I 362
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