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<head>13 July 1804 2<!-- '2' in pencil --> <note>2<hi rend='superscript'>o</hi></note><!-- note aligned to the right-hand margin, and in pencil --></head> | <head>13 July 1804 2<!-- '2' in pencil --> <note>2<hi rend='superscript'>o</hi></note><!-- note aligned to the right-hand margin, and in pencil --></head> | ||
<head>1</head> | <head>1</head><!-- centred, and in pencil --> | ||
<p><!-- indented -->The confinement of | <p><!-- indented -->The confinement of | ||
<lb/> | <lb/> | ||
| Line 16: | Line 16: | ||
<lb/></p> | <lb/></p> | ||
<head>2</head> | <head>2</head><!-- centred, and in pencil --> | ||
<p>Within the realm the | <p><!-- indented -->Within the realm the | ||
<lb/> | <lb/> | ||
king may command the | king may command the | ||
| Line 26: | Line 26: | ||
<lb/></p> | <lb/></p> | ||
<head><gap/> <gap/></head> | <!-- horizontal line, in pencil --> | ||
<head>3.</head> | <pb/> | ||
<p>The original of private | |||
<head><gap/> <gap/></head><!-- centred, and in pencil --> | |||
<head>3.</head><!-- centred, and in pencil --> | |||
<p><!-- indented -->The original of private | |||
<lb/> | <lb/> | ||
property is probably founded | property is probably founded | ||
| Line 35: | Line 38: | ||
<lb/></p> | <lb/></p> | ||
<head><gap/> <gap/></head> | <!-- horizontal line, in pencil --> | ||
<head>4</head> | <pb/> | ||
<p>No subject of England | |||
<head><gap/> <gap/></head><!-- centred, and in pencil --> | |||
<head>4</head><!-- centred, and in pencil --> | |||
<p><!-- indented -->No subject of England | |||
<lb/> | <lb/> | ||
... can be constrained to | ... can be constrained to | ||
| Line 52: | Line 58: | ||
<lb/></p> | <lb/></p> | ||
<head><gap/> <gap/> <gap/></head> | <head><gap/> <gap/> <gap/></head><!-- centred, and in pencil --> | ||
<head>5</head> | <head>5</head><!-- right of centre, and in pencil --> | ||
<p>The King ... in judgment | <p><!-- indented -->The King ... in judgment | ||
<lb/> | <lb/> | ||
of law ... is ever | of law ... is ever | ||
| Line 63: | Line 69: | ||
<lb/></p> | <lb/></p> | ||
<head>6</head> | <head>6</head><!-- centred, and in pencil --> | ||
<p>Says S<hi rend='superscript'>r</hi> Edw<hi rend='superscript'>d</hi> Coke ... every | <p><!-- indented -->Says S<hi rend='superscript'>r</hi> Edw<hi rend='superscript'>d</hi> Coke ... every | ||
<lb/> | <lb/> | ||
subject ... for injury done | subject ... for injury done | ||
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<lb/></p> | <lb/></p> | ||
<head><gap/> <gap/></head> | <head><gap/> <gap/></head><!-- slightly indented, and in pencil --> | ||
<head>7</head> | <head>7</head><!-- centred, and in pencil --> | ||
<p>What that law [the | <p><!-- indented -->What that law [the | ||
<lb/> | <lb/> | ||
law of the land] is every | law of the land] is every | ||
| Line 98: | Line 104: | ||
<lb/></p> | <lb/></p> | ||
<head>8</head> | <!-- horizontal line, in pencil --> | ||
<p>The crown has not | <pb/> | ||
<head>8</head><!-- centred, and in pencil --> | |||
<p><!-- indented -->The crown has not | |||
<lb/> | <lb/> | ||
any power of doing | any power of doing | ||
| Line 110: | Line 119: | ||
<lb/></p> | <lb/></p> | ||
<head>9</head> | <head>9</head><!-- centred, and in pencil --> | ||
<p>To assault by violence | <p><!-- indented -->To assault by violence | ||
<lb/> | <lb/> | ||
a member of either house, | a member of either house, | ||
| Line 124: | Line 133: | ||
<pb/> | <pb/> | ||
<head>10</head> | <head>10</head><!-- centred, and in pencil --> | ||
<p>The true reason <del>for</del> of requiring | <p><!-- indented -->The true reason <del>for</del> of requiring | ||
<lb/> | <lb/> | ||
any qualification, | any qualification, | ||
| Line 142: | Line 151: | ||
<lb/></p> | <lb/></p> | ||
<head>11</head> | <head>11</head><!-- centred, and in pencil --> | ||
<p>Only such are entirely | <p><!-- indented -->Only such are entirely | ||
<lb/> | <lb/> | ||
excluded [from voting] | excluded [from voting] | ||
| Line 155: | Line 164: | ||
<pb/> | <pb/> | ||
<head>Fictitious presence</head> | <head>Fictitious presence</head><!-- slightly indented, and in pencil --> | ||
<head>12</head> | <head>12</head><!-- centred, and in pencil --> | ||
<p>Every man in England | <p><!-- indented -->Every man in England | ||
<lb/> | <lb/> | ||
is , in judgment of law, | is , in judgment of law, | ||
| Line 173: | Line 182: | ||
<pb/> | <pb/> | ||
<head><gap/> <gap/></head> | <head><gap/> <gap/></head><!-- left of centre, and in pencil --> | ||
<head>13</head> | <head>13</head><!-- right of centre, and in pencil --> | ||
<p>A dissolution is the | <p><!-- indented -->A dissolution is the | ||
<lb/> | <lb/> | ||
civil death of the parliament . <add>I 180</add> | civil death of the parliament . <add>I 180</add> | ||
<lb/></p> | <lb/></p> | ||
<p>As our constitution | <head>14</head><!-- centred, and in pencil --> | ||
<p><!-- indented -->As our constitution | |||
<lb/> | <lb/> | ||
now stands , the parliament | now stands , the parliament | ||
| Line 196: | Line 206: | ||
<pb/> | <pb/> | ||
<head>Consent</head> | <head>Consent</head><!-- left of centre, and in pencil --> | ||
<head>15</head> | <head>15</head><!-- centred, and in pencil --> | ||
<p>The executive power of | <p><!-- indented -->The executive power of | ||
<lb/> | <lb/> | ||
the English nation ... vested | the English nation ... vested | ||
| Line 209: | Line 219: | ||
<lb/></p> | <lb/></p> | ||
<head>16</head> | <head>16</head><!-- centred, and in pencil --> | ||
<p>In such the great & independent | <p><!-- indented -->In such the great & independent | ||
<lb/> | <lb/> | ||
society , which | society , which | ||
| Line 226: | Line 236: | ||
<pb/> | <pb/> | ||
<head>King never <gap/></head> | <head>King never <gap/></head><!-- centred, and in pencil --> | ||
<head>17</head> | <head>17</head><!-- centred, and in pencil --> | ||
<p>In our law the king | <p><!-- indented -->In our law the king | ||
<lb/> | <lb/> | ||
is said never to die, in | is said never to die, in | ||
| Line 248: | Line 258: | ||
<pb/> | <pb/> | ||
<head><gap/> <gap/></head> | <head><gap/> <gap/></head><!-- roughly centred, and in pencil --> | ||
<head>18</head> | <head>18</head><!-- centred, and in pencil --> | ||
<p>The queen consort ... | <p><!-- indented -->The queen consort ... | ||
<lb/> | <lb/> | ||
... is in all legal proceedings | ... is in all legal proceedings | ||
| Line 259: | Line 269: | ||
<pb/> | <pb/> | ||
<head>19</head> | <head>19</head><!-- centred, and in pencil --> | ||
<p>Treason ... to ... imagine | <p><!-- indented -->Treason ... to ... imagine | ||
<lb/> | <lb/> | ||
<sic>th</sic> death of our lady <sic>th</sic> | <sic>th</sic> death of our lady <sic>th</sic> | ||
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<pb/> | <pb/> | ||
<head><gap/> <gap/> <gap/> <gap/> <gap/> <gap/></head> | <head><gap/> <gap/> <gap/> <gap/> <gap/> <gap/></head><!-- centred, and in pencil --> | ||
<head>21</head> | <head>21</head><!-- centred, and in pencil --> | ||
<p>In our law books it is | <p><!-- indented -->In our law books it is | ||
<lb/> | <lb/> | ||
laid down that peers are | laid down that peers are | ||
| Line 301: | Line 311: | ||
<lb/></p> | <lb/></p> | ||
<head><gap/> <gap/></head> | <head><gap/> <gap/></head><!-- centred, and in pencil --> | ||
<head>21</head> | <head>21</head><!-- centred, and in pencil --> | ||
<p>The king's prerogative [is | <p><!-- indented -->The king's prerogative [is | ||
<lb/> | <lb/> | ||
limited] by bounds so certain & notorious , that it | limited] by bounds so certain & notorious , that it | ||
| Line 331: | Line 341: | ||
<pb/> | <pb/> | ||
<head>22</head> | <head>22</head><!-- centred, and in pencil --> | ||
<p>The powers which are | <p><!-- indented -->The powers which are | ||
<lb/> | <lb/> | ||
vested in the crown by | vested in the crown by | ||
| Line 354: | Line 364: | ||
<pb/> | <pb/> | ||
<head>23</head> | <head>23</head><!-- centred, and in pencil --> | ||
<p>Sir Henry Finch <del>lays</del> ... | <p><!-- indented -->Sir Henry Finch <del>lays</del> ... | ||
<lb/> | <lb/> | ||
lays down the law ..... | lays down the law ..... | ||
| Line 366: | Line 376: | ||
<lb/></p> | <lb/></p> | ||
<head>24</head><!-- centred, and in pencil --> | |||
<p><!-- indented -->The law <add>...</add> ascribes to the | |||
<lb/> | |||
king .... certain attributes | |||
<lb/> | |||
of a great & transcendent | |||
<lb/> | |||
nature , by which the people | |||
<lb/> | |||
are led to consider | |||
<lb/> | |||
him in the light of | |||
<lb/> | |||
a superior being , & to | |||
<lb/> | |||
pay him ... awful respect . <add>I 234.</add> | |||
<lb/></p> | |||
<pb/> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
09-Oct-2012: under construction by Diane Folan. Please do not amend.
13 July 1804 2 2o
1
The confinement of
the person , in any wise
is an imprisonment. I 132.
2
Within the realm the
king may command the
attendance & service of
all his liege men . I 134.
---page break---
3.
The original of private
property is probably founded
in nature . I 134.
---page break---
4
No subject of England
... can be constrained to
pay any aids or taxes ...
.. but such as are imposed
by his own consent,
or that of his representatives
in parliament . I 135
5
The King ... in judgment
of law ... is ever
present & repeating ...
in all his courts ... &c . I 137
6
Says Sr Edwd Coke ... every
subject ... for injury done
to him ... may take his
remedy by the course of
the law , & have justice
& right for the injury
done to him , freely
without sale , fully
without any denial , &
speedily without delay. I 137
7
What that law [the
law of the land] is every
subject knows ; or may
know if he pleases : for
it depends not I 137.
---page break---
8
The crown has not
any power of doing
wrong , but merely of
preventing wrong from
being done . I 150
9
To assault by violence
a member of either house,
or his menial servants,
is a high contempt of
parliament . I 160
---page break---
10
The true reason for of requiring
any qualification,
with regard to property ,
in voters , is to exclude such
persons as are in so mean
a situation that they
are esteemed to have no
will of their own. I 165
11
Only such are entirely
excluded [from voting]
as has can have no will
of their own. I 166
---page break---
Fictitious presence 12
Every man in England
is , in judgment of law,
party to the making an
act of parliament , being
present thereat by his
representatives . I 178.
---page break---
13
A dissolution is the
civil death of the parliament . I 180
14
As our constitution
now stands , the parliament
must expire , or
die a natural death ,
at the end of every
seventh year. I . 182
---page break---
Consent 15
The executive power of
the English nation ... vested
in a single person by
the general consent of
the people . I 183
16
In such the great & independent
society , which
every nation composes ,
there is no superior to
resort to but the law
of nature . I 186
---page break---
King never 17
In our law the king
is said never to die, in
his political capacity .
... because immediately
upon the natural death
of Henry ... or Edward ,
the king survives in his
successor . I 189.
---page break---
18
The queen consort ...
... is in all legal proceedings
looked upon asa feme role . p. 212.
---page break---
19
Treason ... to ... imagine
th death of our lady th
kind's companion. I 216
---page break---
21
In our law books it is
laid down that peers are
created ... 1. Ad consulendum,
2. Ad defendendum regem . I 220
for which reasons
the law gives them certain
great & high privileges ....
because the law intends,
that they are always assisting
the kind with their
counsel for the common-wealth ;
or keeping the
realm in safety by their
prowess and valour . I 220, 1.
21
The king's prerogative [is
limited] by bounds so certain & notorious , that it
is impossible h should
ever exceed them , without
the consent of the people ;
.... or without ...a violation
of that original
contract , which in all
states impliedly , & in ours
most expressly subsists
between the prince and
the subject . I 230 .
---page break---
22
The powers which are
vested in the crown by
the laws of England , are
necessary for the support
of society ; & do not intrench
any further on
our natural liberties,
than is expedient for the
maintenance of our civil p. 230.
---page break---
23
Sir Henry Finch lays ...
lays down the law .....
that the king's prerogative
stretcheth not to the doing
any wrong . I. 231
24
The law ... ascribes to the
king .... certain attributes
of a great & transcendent
nature , by which the people
are led to consider
him in the light of
a superior being , & to
pay him ... awful respect . I 234.
---page break---
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Identifier: | JB/097/133/001"JB/" can not be assigned to a declared number type with value 97. |
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1804-07-13 |
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097 |
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133 |
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001 |
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collectanea |
1 |
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recto |
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1800 |
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1800 |
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31517 |
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