A Sketch of English Legal History

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Sivu 133 - FOR prevention of many fraudulent practices, which are commonly endeavoured to be upheld by perjury and subornation of perjury...
Sivu 215 - From this method of interpreting laws by the reason of them, arises what we call equity, which is thus defined by Grotius : "the correction of that wherein the law (by reason of its universality) is deficient.
Sivu 228 - The American Republic and Its Government. An Analysis of the Government of the United States, with a Consideration of its Fundamental Principles and of its Relations to the States and Territories.
Sivu 206 - ... and the like. But I take these to be one and the same thing. For the authority of these maxims rests entirely upon general reception and usage: and the only method of proving, that this or that maxim is a rule of the common law, is by showing that it hath been always the custom to observe it.
Sivu 206 - They are the depositaries of the laws; the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the law of the land.
Sivu 205 - As to general customs, or the common law, properly so called ; this is that law by which proceedings and determinations in the king's ordinary courts of justice are guided and directed. This, for the most part, settles the course in which lands descend by inheritance ; the manner and form of acquiring and transferring property ; the solemnities and...
Sivu 128 - Smith, about a century before, had considered the fining, imprisoning, and punishing of juries, to be violent, tyrannical, and contrary to the custom of the realm of England. While the celebrated sir Matthew Hale, who had been chief baron of the exchequer, and chief justice of the king's bench, in this very reign, observed, in his Pleas of the Crown, p.
Sivu 204 - NO FREEMAN SHALL BE TAKEN OR IMPRISONED, OR DISSEISED, OR OUTLAWED, OR BANISHED, OR ANY WAYS DESTROYED, NOR WILL WE PASS UPON HIM, NOR WILL WE SEND UPON HIM, UNLESS BY THE LAWFUL JUDGMENT OF HIS PEERS, OR BY THE LAW OF THE LAND.
Sivu 204 - No free man shall be taken, or imprisoned, or disseised, or outlawed, or exiled, or...
Sivu 173 - The hungry judges soon the sentence sign, And wretches hang that jury-men may dine; The merchant from th' Exchange returns in peace, And the long labours of the toilet cease.

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