Commentaries on the Laws of England, 3. köideA. Strahan, 1800 |
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... COGNIZANCE of PRIVATE WRONGS . 86 CHA P. VIII . , * Of WRONGS and their REMEDIES , respecting the RIGHTS of PERSONS . 115 CHA P. IX . Of INJURIES to PERSONAL PROPERTY . 1 CHAP . X. Of INJURIES to REAL PROPERTY , and first of ...
... COGNIZANCE of PRIVATE WRONGS . 86 CHA P. VIII . , * Of WRONGS and their REMEDIES , respecting the RIGHTS of PERSONS . 115 CHA P. IX . Of INJURIES to PERSONAL PROPERTY . 1 CHAP . X. Of INJURIES to REAL PROPERTY , and first of ...
Page 32
... cognizance of all matters of contract that can poffibly arife within the pre- cinct of that fair or market ; and the plaintiff muft make oath that the cause of an action arofe there . From this court a writ of error lies , in the nature ...
... cognizance of all matters of contract that can poffibly arife within the pre- cinct of that fair or market ; and the plaintiff muft make oath that the cause of an action arofe there . From this court a writ of error lies , in the nature ...
Page 37
... cognizance both of civil and spiritual caufes : viz . the wittena- gemate , or general council , which affembled annually or often- er , wherever the king kept his Christmas , Eafter , or Whitfun- tide , as well to do private juftice as ...
... cognizance both of civil and spiritual caufes : viz . the wittena- gemate , or general council , which affembled annually or often- er , wherever the king kept his Christmas , Eafter , or Whitfun- tide , as well to do private juftice as ...
Page 39
... cognizance of the parliament and it's learned judges . And thus alfo in 1495 the emperor Maximilian I. fixed the imperial chamber ( which before always travelled with the court and houfhold ) to be conftantly held at Worms , from whence ...
... cognizance of the parliament and it's learned judges . And thus alfo in 1495 the emperor Maximilian I. fixed the imperial chamber ( which before always travelled with the court and houfhold ) to be conftantly held at Worms , from whence ...
Page 40
... cognizance of pleas of the crown or criminal caufes . For pleas or fuits are regularly divided . into two forts ; pleas of the crown , which comprehend all crimes and mifdemefnors , wherein the king ( on behalf of the public ) is the ...
... cognizance of pleas of the crown or criminal caufes . For pleas or fuits are regularly divided . into two forts ; pleas of the crown , which comprehend all crimes and mifdemefnors , wherein the king ( on behalf of the public ) is the ...
Common terms and phrases
action affife aforefaid againſt alfo alſo anſwer antient appear arifing becauſe cafe caſe caufe cauſe chancery Charles Long cofts cognizance commiffion common law common pleas confequence conftitution courſe court of equity damages debt defendant deforcement detinue diffeifin diftreined diſtreſs ecclefiaftical Edward Coke eftate Eliz entry eſtabliſhed faid faid Richard faid William fame fatisfaction fecond fhall fheriff fhew fhould fince Finch firſt fome fpecies freehold ftatute ftill fubject fuch fufficient fuit fummon fuppofed hath himſelf iffue Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt lord the king moſt muft muſt neceffary nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reafon recover redrefs refpective remedy ſhall ſpecial ſtated ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein William Kent writ of right
Popular passages
Page 109 - I shall for the present only remark, that all possible injuries whatsoever, that did not fall within the exclusive cognizance of either the ecclesiastical, military, or maritime tribunals, are, for that very reason, within the cognizance of the common law courts of justice; for it is a settled and invariable principle in the laws of England, that every right, when withheld, must have a remedy, and every injury its proper redress.
Page 105 - The marshalling of coat-armour, which was formerly the pride and study of all the best families in the kingdom, is now greatly disregarded; and has fallen into the hands of certain officers and attendants upon this court, called heralds, who consider it only as a matter of lucre, and not of justice: whereby such falsity and confusion have crept into their records, (which ought to be the standing evidence of families, descents, and...
Page 73 - ... and whereas heretofore such assurers have used to stand so justly and precisely upon their credits, as few or no controversies have arisen thereupon, and if any have grown, the same have from time to time been ended and ordered by certain grave and discreet merchants appointed by the lord mayor of the city of London, as men by reason of their experience fittest to understand, and speedily to decide those causes...
Page 205 - For every man's land is, in the eye of the law, enclosed and set apart from his neighbor's; and that either by a visible and material fence, as one field is divided from another by a hedge, or by an ideal, invisible boundary, existing only in the contemplation of law, as when one man's land adjoins to another's in the same field.
Page 93 - Causa jactitationis matrimonii ; when one of the parties boasts or gives out that he or she is married to the other, whereby a common reputation of their matrimony may ensue. On this ground the party injured may libel the other in the spiritual court; and, unless the defendant undertakes and makes out a proof of the actual marriage, he or she is enjoined perpetual silence upon that head ; which is the only remedy the ecclesiastical courts can give for this injury.
Page 155 - Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents : 1. An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Page 32 - ... its jurisdiction extends to administer justice for all commercial injuries done in that very fair or market, and not in any preceding one. So that the injury must be done, complained of, heard, and determined, within the compass of one and the same day, unless the fair continues longer.
Page 134 - That every person committed for treason or felony shall, if he requires it the first week of the next term, or the first day of the next session of oyer and terminer, be indicted in that term or session, or else admitted to bail ; unless the king's witnesses cannot be produced at that time ; and if acquitted, or if not indicted and tried in the second term or session, he shall be discharged from...