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19 July 1804. 5
The arch bishop of
Canterbury ... hath... power
of granting dispensations
in any case, not contrary
to the holy scriptures
and the law of God,
when the pope used to
grant them. I 369
2
A parson....is called
parson, persona, because
by his person the church,
which is an invisible
body is represented; &
he is in himself a body
corporate. I 372
3
Induction is performed
... by giving the clerk corporal
possession of the
church, as by holding the
ring of the door, tolling
a bell or the like. I 379
4
A settled maxim, that
in judicio non creditur
nisi juratis. I 390
5
Martial law.... ought
not to be permitted in
time of peace, when the
king's courts are open
to all persons to receive
justice according to the
laws of the land. I 400
6
The petition of right
enacts, that no soldier
shall be quartered on
the subject without
his own consent. I 400
7
Relation ... of husband
and wife...founded in
nature. I 410
8
Slavery ... is repugnant
to reason and the principles
of natural law.
I 411
9
The law of England
abhors, and will not
endure the existence of,
slavery within this nation.
I 412
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10
If the hiring [of a servant]
be general ... the law
construes it to be a hiring
for a year; upon a principle
of natural equity.
I 413
11
A master ... may bring
an action against any
man for beating or maiming
his servant; but in
such case he must assign
as a special reason
for so doing, his own
damage by the loss of
his service; & this loss
must be proved upon
the trial. I 417
12
Qui facit per alium
faut per se. I 417
13
A wife, a friend, ...
that use to transact business
for a man are
quodo hoc his servants;
& the principal must
answer for their conduct,
for the law implies, that
they act under a general
command. I 418
14
The wrong done by the
servant is looked upon
in law as the wrong of
the master himself; &
it is a standing maxim
that no man shall
be allowed to take any
advantage of his own
wrong. I 420
15
The spiritual courts ...
act pro salute animae.
I 421
16
By statute 32 Hen. 8. c. 38.
it is declared that all
persons may lawfully
marry but such as are
prohibited by God's law.
I 423
Disabilities [to marriage]
are ... some of them ...
grounded on natural law. I 423
13
In cases of total divorce
... the parties are ...
separated pro salute
animarum I 428
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19
Divorce a mensa et
thoro ... is said to be built
on the divine revealed
law. I 428
20
By marriage the husband
& wife are one person in
law: that is the very
being or legal existence
of the woman is suspended
during the marriage,
or at least is incorporated
and consolidated
in that of the husband:
under whose wing, protection,
and cover, she performs
every thing. I 430
21
A wife ... shall sue &
be sued as a feme sole
... where the husband
has abjured the realm,
or is banished: for then
he is dead in law. I 431
22
Husband ... & ... wife ...
are not allowed to be
evidence for or against
each other ... because of
the union of person:
& therefore, if they were
admitted to be witnesses
for each other, they
would contradict one
maxim of law, " nemo in propria causa testis
esse debet;" & if against
each other, they would
contradict another maxim,
"nemo tenetur seipsum
accusare." I 431
23
Wife ... cannot by will
devise lands to her husband,
unless under special circumstances,
for at the
time of making it she
is supposed to be under
his coercion. I 432
23
The duty of parents to
provide for the maintenance
of their children is a
principle of natural
law. I 435
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