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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...distreined
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 supereminent
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 Cl] are grounded
is called a quo minus:
in which th peff 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 surmire of being
debtor to the king, is therefore
become matter of
form & mere words of
course <pb/, & th 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 plst 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 ...
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 in act3
that no cause shall be
removed by habeus corpus
of the debt does not amt
to £5] by procuring a
nominal plft to bring
another action for £5
or upwards & &c III130
Liberty of the subject
... a natural inherent
right. III 133.
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