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by the law of society. III 4.</p> | by the law of society. III 4.</p> | ||
<p>As every thing... | <p>As every thing...distrained<lb/> | ||
is presumed to be<lb/> | is presumed to be<lb/> | ||
the property of the wrongdoer, | the property of the wrongdoer,<lb/> | ||
it will follow that<lb/> | it will follow that<lb/> | ||
such things, wherein no<lb/> | such things, wherein no<lb/> | ||
| Line 22: | Line 22: | ||
all animals fir<gap/><lb/> | all animals fir<gap/><lb/> | ||
nature cannot be distrained.<lb/> | nature cannot be distrained.<lb/> | ||
III <del>4</del>7 | III <del>4</del>7.</p> | ||
<p><del>Excessive distress... is <del><gap/></del><lb/> | <p><del>Excessive distress... is <del>><hi rend="underline"><gap/></hi></del><lb/> | ||
... no injury at the<lb/> | ... no injury at the<lb/> | ||
common law.</p> | common law.</p> | ||
| Line 39: | Line 39: | ||
<p>Records ... are of such<lb/> | <p>Records ... are of such<lb/> | ||
high and | high and supereminest<lb/> | ||
authority, that their<lb/> | authority, that their<lb/> | ||
truth is not to be called<lb/> | truth is not to be called<lb/> | ||
| Line 73: | Line 73: | ||
superior Court acquire<lb/> | superior Court acquire<lb/> | ||
jurisdiction. III 45.</p><pb/> | jurisdiction. III 45.</p><pb/> | ||
<p>The writ upon which all<lb/> | |||
the proceedings here [in the<lb/> | |||
Exchequer Ct] are grounded<lb/> | |||
is called a <hi rend="underline">quo minus</hi>:<lb/> | |||
in which <sic>th</sic> plff suggests<lb/> | |||
that he is the king's<lb/> | |||
farmer or debtor, of that<lb/> | |||
the deft hath done him<lb/> | |||
the injury or damage<lb/> | |||
complained of: <hi rend="underline">quo</hi><lb/> | |||
<hi rend="underline">minus sufficiens existit</hi> <lb/> | |||
by which he is the less<lb/> | |||
able to pay the king his<lb/> | |||
debt or rent. III 45</p> | |||
<p>The surmise of being<lb/> | |||
debtor to the king, is therefore<lb/> | |||
become matter of<lb/> | |||
form & mere words of<lb/> | |||
course, & the court is<lb/> | |||
open to all <sic>th</sic> nation<lb/> | |||
equally. III 45.</p> | |||
<p>In the court of chancery<lb/> | |||
... two distinct tribunals:<lb/> | |||
the one ordinary, being<lb/> | |||
a court of common law:<lb/> | |||
the other extraordinary, <lb/> | |||
being a court of equity.<lb/> | |||
III 47</p> | |||
<p>Court military or<lb/> | |||
court of chivalry...entirely<lb/> | |||
out of use as to<lb/> | |||
the matter of contracts,<lb/> | |||
all such being usually<lb/> | |||
cognizable in the Courts<lb/> | |||
of Westminster hall, if<lb/> | |||
not directly, at least<lb/> | |||
by fiction of law III 103</p> | |||
<p>It is no uncommon<lb/> | |||
thing for a plff to <del>f<gap/></del><lb/> | |||
feign that a contract<lb/> | |||
really made at sea,<lb/> | |||
was made at the Royal<lb/> | |||
exchange...and...over<lb/> | |||
lawyers justify this<lb/> | |||
fiction. III 107</p> | |||
<p>If a sufficient cause<lb/> | |||
[<add>by alleday</add> for not making return<lb/> | |||
to a mandamus] altho'<lb/> | |||
it should <lb/>be false in fact,<lb/> | |||
the court of kings bench<lb/> | |||
will not try the truth<lb/> | |||
of the fact upon affidavit.<lb/> | |||
III III</p><pb/> | |||
<p>Such wrongs as may be <lb/> | |||
committed in the mutual<lb/> | |||
intercourse between subject<lb/> | |||
& subject, ... the king<lb/> | |||
as the fountain of justice<lb/> | |||
is officially bound to<lb/> | |||
redress in the ordinary <lb/> | |||
forms of law. III 119.</p> | |||
<p>The least touching of<lb/> | |||
another's person wilfully<lb/> | |||
or in anger, is a battery<lb/> | |||
III 120</p> | |||
<p>By <hi rend="underline">mayhem</hi>... the<lb/> | |||
party injured is for ever<lb/> | |||
disabled from making<lb/> | |||
so good a defence against<lb/> | |||
future external injuries<lb/> | |||
as he otherwise might <lb/> | |||
have done. Among these<lb/> | |||
defensive members is reckoned<lb/> | |||
... a fore-tooth...<lb/> | |||
But the loss of one of the<lb/> | |||
jaw teeth, the ear or the<lb/> | |||
nose is no mayhem at<lb/> | |||
common law; as they can <lb/> | |||
be of no use in fighting<lb/> | |||
III 121</p> | |||
<p>For... assault, battery,<lb/> | |||
& mayhem, an indictment<lb/> | |||
may be brought ... for <lb/> | |||
the crime against the <lb/> | |||
public III 121.</p> | |||
<p>Injuries affecting a<lb/> | |||
man's health...as...neglect<lb/> | |||
or unskilful management<lb/> | |||
of his physician ...<lb/> | |||
are wrongs ...for which<lb/> | |||
there is a remedy in damages<lb/> | |||
by a special action<lb/> | |||
of trespass upon the<lb/> | |||
case III 122.</p> | |||
<p>But an expedient having<lb/> | |||
been found out to elude the<lb/> | |||
latter branch of the<lb/> | |||
statute [of 21 Jac.1.c.23 enact<hi rend="superscript">3</hi><lb/> | |||
that no cause shall be<lb/> | |||
removed by habeas corpus<lb/> | |||
of the debt does not <sic>amt</sic><lb/> | |||
to £5] by procuring a <lb/> | |||
nominal plff to bring<lb/> | |||
another action for £5<lb/> | |||
or upwards & &c III130</p> | |||
<p>Liberty of the subject<lb/> | |||
... a natural inherent<lb/> | |||
right. III 133.</p><pb/> | |||
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<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
10 June 1804
Self defence therefore, as
it is justly called the
primary law of nature,
so it is not, neither can
it be in fact, taken away
by the law of society. III 4.
As every thing...distrained
is presumed to be
the property of the wrongdoer,
it will follow that
such things, wherein no
man can have an absolute
& valuable property...
all animals fir
nature cannot be distrained.
III 47.
Excessive distress... is >
... no injury at the
common law.
By our ... constitution the
sole executive power of
the law is vested in the
... king. III 23
In all ... courts the king
is supposed in contemplation
of law to be always present.
III 24.
Records ... are of such
high and supereminest
authority, that their
truth is not to be called
in question. III 24.
A counsellor cannot
demand [fees] without
doing wrong to his reputation.
III 28.
The course of justice
flowing in large streams
from the king, as th fountain
to his superior Courts of Record,
& being then subdivided
into smaller channels, till
the whole & every part of
the kingdom were plentifully
watered & refresh'd.
III 30.
The Court of kings'
bench, by a fiction, ... began
to hold plea of all personal
actions ... it being
supposed surmised that
the clift is arrested for
a supposed trespass which
he never has in reality
committed. III 42
Fictions by which the
superior Court acquire
jurisdiction. III 45.
---page break---
The writ upon which all
the proceedings here [in the
Exchequer Ct] are grounded
is called a quo minus:
in which th plff suggests
that he is the king's
farmer or debtor, of that
the deft hath done him
the injury or damage
complained of: quo
minus sufficiens existit
by which he is the less
able to pay the king his
debt or rent. III 45
The surmise of being
debtor to the king, is therefore
become matter of
form & mere words of
course, & the court is
open to all th nation
equally. III 45.
In the court of chancery
... two distinct tribunals:
the one ordinary, being
a court of common law:
the other extraordinary,
being a court of equity.
III 47
Court military or
court of chivalry...entirely
out of use as to
the matter of contracts,
all such being usually
cognizable in the Courts
of Westminster hall, if
not directly, at least
by fiction of law III 103
It is no uncommon
thing for a plff to f
feign that a contract
really made at sea,
was made at the Royal
exchange...and...over
lawyers justify this
fiction. III 107
If a sufficient cause
[by alleday for not making return
to a mandamus] altho'
it should
be false in fact,
the court of kings bench
will not try the truth
of the fact upon affidavit.
III III
---page break---
Such wrongs as may be
committed in the mutual
intercourse between subject
& subject, ... the king
as the fountain of justice
is officially bound to
redress in the ordinary
forms of law. III 119.
The least touching of
another's person wilfully
or in anger, is a battery
III 120
By mayhem... the
party injured is for ever
disabled from making
so good a defence against
future external injuries
as he otherwise might
have done. Among these
defensive members is reckoned
... a fore-tooth...
But the loss of one of the
jaw teeth, the ear or the
nose is no mayhem at
common law; as they can
be of no use in fighting
III 121
For... assault, battery,
& mayhem, an indictment
may be brought ... for
the crime against the
public III 121.
Injuries affecting a
man's health...as...neglect
or unskilful management
of his physician ...
are wrongs ...for which
there is a remedy in damages
by a special action
of trespass upon the
case III 122.
But an expedient having
been found out to elude the
latter branch of the
statute [of 21 Jac.1.c.23 enact3
that no cause shall be
removed by habeas corpus
of the debt does not amt
to £5] by procuring a
nominal plff to bring
another action for £5
or upwards & &c III130
Liberty of the subject
... a natural inherent
right. III 133.
---page break---
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