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<head>20 July 1806 6</head> | <head>20 July 1806 6<lb/> 1</head> | ||
<p>If the parent <sic>alledged</sic><lb/>no reason, or a bad, or<lb/> false one [for <sic>disinherison</sic>]<lb/>the child might set <lb/>the will aside, <hi rend='underline'><foreign>tanquam <lb/>testamentum inofficiosum</foreign></hi>, <lb/>a testament contrary to<lb/> the natural duty of the <lb/>parent....by suggesting <lb/>that the parent lost the <lb/>use of his reason, when <lb/>he made the inofficious<lb/> testament. I436 </p> | <p>If the parent <sic>alledged</sic><lb/>no reason, or a bad, or<lb/> false one [for <sic>disinherison</sic>]<lb/>the child might set <lb/>the will aside, <hi rend='underline'><foreign>tanquam <lb/>testamentum inofficiosum</foreign></hi>, <lb/>a testament contrary to<lb/> the natural duty of the <lb/>parent....by suggesting <lb/>that the parent lost the <lb/>use of his reason, when <lb/>he made the inofficious<lb/> testament. I436 </p> | ||
<head>2</head> | |||
<p>The duties of children<lb/> to their parents arise from<lb/> a principle of natural <lb/>justice and retribution.<lb/> I461.</p> | <p>The duties of children<lb/> to their parents arise from<lb/> a principle of natural <lb/>justice and retribution.<lb/> I461.</p> | ||
<head>3</head> | |||
<p>When [a set of persons]<lb/> are consolidated and<lb/> united into a <sic>corperation</sic>, | <p>When [a set of persons]<lb/> are consolidated and<lb/> united into a <sic>corperation</sic>, | ||
they and their successors<lb/> are then considered as <lb/>one person in law: as<lb/> one person they have<lb/> but one will....<del>I656.</del><lb/> all the individual members<lb/> that have existed<lb/> from the foundation to <lb/>the present time, or that<lb/> shall ever hereafter exist, <lb/>are but one person in <lb/>law, a person that<lb/> never dies. I656 </p> | they and their successors<lb/> are then considered as <lb/>one person in law: as<lb/> one person they have<lb/> but one will....<del>I656.</del><lb/> all the individual members<lb/> that have existed<lb/> from the foundation to <lb/>the present time, or that<lb/> shall ever hereafter exist, <lb/>are but one person in <lb/>law, a person that<lb/> never dies. I656 </p> | ||
<p>The king is a sole <lb/><sic>corperation</sic>; so is a bishop. <lb/>&c. <gap/></p> | |||
<head>4</head> | |||
<p>The law...has wisely <lb/>ordained, that the parson,<lb/> <hi rend='underline'><foreign>quatinus</foreign></hi> parson, shall <lb/>never die any more <lb/> than the king; by making<lb/> him and his successors<lb/> a <sic>corperation</sic> ...<lb/>for the present incumbent,<lb/> and his predecessor<lb/> who lived seven centuries<lb/> ago, are in law one & <lb/>the same person. I458</p> | |||
<head>5</head> | |||
<p>Common law...nothing <lb/>else but custom <lb/>arising from the universal<lb/> agreement of the<lb/> whole community. I460. </p><pb/> | |||
<head>6</head> | |||
<p>Of the king...bishops,<lb/> parsons, vicars, churchwardens,<lb/> ....we cannot <lb/> frame a complete legal <lb/>idea...but we must <lb/>also have an idea of a<lb/> corporation. I460</p> | |||
<p>When a corporation is <lb/>erected, a name must<lb/> be given it ... and ... <lb/>such name is the very <lb/>being of its constitution.<lb/> I462 </p> | |||
<head>7</head> | |||
<p>A <sic>corperation</sic>, being<lb/> an invisible body, cannot<lb/> manifest its intentions <lb/>by any personal act or<lb/> oral discourse: it therefore <lb/>acts and speaks only by<lb/> its common seal. I463. </p> | |||
<p>An aggregate corporation<lb/> .... must always appear<lb/> by Attorney; for it cannot<lb/> appear in person, being, as S<hi rend='superscript'>r</hi> Edw<hi rend='superscript'>d</hi> Coke <lb/>says, invisible, and existing <lb/>only in <sic>intendment</sic> <lb/> and consideration of law<lb/> I464</p> | |||
<head>8</head> | |||
<p>By the law of nature <lb/> and reason...the right<lb/> of possession continued <lb/>for the <add>same</add> time only that<lb/> the act of possession lasted.<lb/> II 3.</p> | |||
<p>Whoever was in the <lb/>occupation of any determinate<lb/> spot...acquired <lb/> for the time a sort of<lb/> ownership, from which<lb/> it would have been unjust<lb/> and contrary to the <lb/>law of nature to have<lb/> driven him by force. <lb/>II 3. </p> | |||
<p>Migration ... so long as<lb/> it was confined to the <lb/>stocking and cultivation<lb/> of <sic>desart</sic> uninhabited <lb/> countries, it kept strictly<lb/> within the limits of<lb/> the law of nature. II 7. </p><pb/> | |||
<head>9</head> | |||
<p>Water is ... land ... in the <lb/>language of the law.<lb/> II 18. </p> | |||
<head>10</head> | |||
<p>Water ... must of necessity<lb/> continue common by the <lb/>law of nature. II 18</p> | |||
<head>11</head> | |||
<p>So tithes if we consider<lb/> the produce of them ... <lb/>seem<del>s</del> to be completely corporeal;<lb/> yet they are indeed<lb/> incorporeal hereditaments:<lb/> for they, being<lb/> merely a contingent<lb/> right, collateral to, or<lb/> issuing out of lands,<lb/> can never be the object <lb/>of sense: they are neither <lb/>capable of being shewn <lb/>to the eye, nor of being <lb/>delivered into bodily<lb/> possession. II 21 </p> | |||
<head>12</head> | |||
<p>Advowson <add>....</add> is not itself <lb/>the bodily possession<lb/> of the church .... but it<lb/> is a right to give some <lb/> other man a title to<lb/> such bodily possession. <lb/>The advowson is the<lb/> object of neither the <lb/>sight, nor the touch of; &<lb/> yet it perpetually exists<lb/> in the mind's eye,<lb/> & in contemplation <lb/> of law .... The II 21 <lb/>patronage therefore can<lb/> only be conveyed by operation<lb/> of law, by verbal<lb/> grant, either oral or<lb/> written, which is a kind<lb/> of invisible mental transfer;<lb/> & being so vested, it<lb/> lies dormant & unnoticed <lb/>till occasion calls it forth; <lb/>when it produces a visible,<lb/> corporeal fruit, by <lb/>intitling some clerk, whom<lb/> the patron shall please <lb/>to nominate, to enter and<lb/> receive bodily possession <lb/>of the lands and tenements<lb/> of the church.<lb/> II 22.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
20 July 1806 6
1
If the parent alledged
no reason, or a bad, or
false one [for disinherison]
the child might set
the will aside, tanquam
testamentum inofficiosum,
a testament contrary to
the natural duty of the
parent....by suggesting
that the parent lost the
use of his reason, when
he made the inofficious
testament. I436
2
The duties of children
to their parents arise from
a principle of natural
justice and retribution.
I461.
3
When [a set of persons]
are consolidated and
united into a corperation,
they and their successors
are then considered as
one person in law: as
one person they have
but one will....I656.
all the individual members
that have existed
from the foundation to
the present time, or that
shall ever hereafter exist,
are but one person in
law, a person that
never dies. I656
The king is a sole
corperation; so is a bishop.
&c.
4
The law...has wisely
ordained, that the parson,
quatinus parson, shall
never die any more
than the king; by making
him and his successors
a corperation ...
for the present incumbent,
and his predecessor
who lived seven centuries
ago, are in law one &
the same person. I458
5
Common law...nothing
else but custom
arising from the universal
agreement of the
whole community. I460.
---page break---
6
Of the king...bishops,
parsons, vicars, churchwardens,
....we cannot
frame a complete legal
idea...but we must
also have an idea of a
corporation. I460
When a corporation is
erected, a name must
be given it ... and ...
such name is the very
being of its constitution.
I462
7
A corperation, being
an invisible body, cannot
manifest its intentions
by any personal act or
oral discourse: it therefore
acts and speaks only by
its common seal. I463.
An aggregate corporation
.... must always appear
by Attorney; for it cannot
appear in person, being, as Sr Edwd Coke
says, invisible, and existing
only in intendment
and consideration of law
I464
8
By the law of nature
and reason...the right
of possession continued
for the same time only that
the act of possession lasted.
II 3.
Whoever was in the
occupation of any determinate
spot...acquired
for the time a sort of
ownership, from which
it would have been unjust
and contrary to the
law of nature to have
driven him by force.
II 3.
Migration ... so long as
it was confined to the
stocking and cultivation
of desart uninhabited
countries, it kept strictly
within the limits of
the law of nature. II 7.
---page break---
9
Water is ... land ... in the
language of the law.
II 18.
10
Water ... must of necessity
continue common by the
law of nature. II 18
11
So tithes if we consider
the produce of them ...
seems to be completely corporeal;
yet they are indeed
incorporeal hereditaments:
for they, being
merely a contingent
right, collateral to, or
issuing out of lands,
can never be the object
of sense: they are neither
capable of being shewn
to the eye, nor of being
delivered into bodily
possession. II 21
12
Advowson .... is not itself
the bodily possession
of the church .... but it
is a right to give some
other man a title to
such bodily possession.
The advowson is the
object of neither the
sight, nor the touch of; &
yet it perpetually exists
in the mind's eye,
& in contemplation
of law .... The II 21
patronage therefore can
only be conveyed by operation
of law, by verbal
grant, either oral or
written, which is a kind
of invisible mental transfer;
& being so vested, it
lies dormant & unnoticed
till occasion calls it forth;
when it produces a visible,
corporeal fruit, by
intitling some clerk, whom
the patron shall please
to nominate, to enter and
receive bodily possession
of the lands and tenements
of the church.
II 22.
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Identifier: | JB/097/137/001"JB/" can not be assigned to a declared number type with value 97. |
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097 |
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137 |
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001 |
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collectanea |
1 |
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recto |
d6 |
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1800 |
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1800 |
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31521 |
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