JB_097_136_001.xml

Title: [19 July 1804. 5 The arch bishop of]

Description: 19 July 1804. 5

The arch bishop of Canterbury ... hath... power of granting

dispensations in any case, not contrary to the holy scriptures

and the law of God, when the pope used to grant them. I 369

2

A parson....is called parson, persona,

because by his person the church, which is an invisible body is

represented; he is in himself a body corporate. I 372

3

Induction is performed ... by giving the clerk corporal possession of

the church, as by holding the ring of the door, tolling a bell or

the like. I 379

4

A settled maxim, that in judicio non

creditur nisi juratis. I 390

5

Martial law.... ought not to be permitted in time of peace, when

the king's courts are open to all persons to receive justice

according to the laws of the land. I 400

6

The petition of right enacts, that no soldier shall be quartered

on the subject without his own consent. I 400

7

Relation ... of husband and wife...founded in nature. I 410

8

Slavery ... is repugnant to reason and the principles of natural law.

I 411

9

The law of England abhors, and will not endure the existence of,

slavery within this nation. I 412

10

If the hiring [of a servant] be general ... the law construes it to be

a hiring for a year; upon a principle of natural equity. I 413

11

A master ... may bring an action against any man for beating or maiming

his servant; but in such case he must assign as a special reason

for so doing, his own damage by the loss of his service; &

this loss must be proved upon the trial. I 417

12

Qui facit per alium faut per

se. I 417

13

A wife, a friend, ... that use to transact business for a man are

quodo hoc his servants; & the principal

must answer for their conduct, for the law implies, that they act

under a general command. I 418

14

The wrong done by the servant is looked upon in law as the wrong

of the master himself; & it is a standing maxim that no man

shall be allowed to take any advantage of his own wrong. I 420

15

The spiritual courts ... act

pro salute animae. I 421

16

By statute 32 Hen. 8. c. 38. it is declared that all persons may

lawfully marry but such as are prohibited by God's law. I 423

Disabilities [to marriage] are ... some of them ... grounded on natural

law. I 423

13

In cases of total divorce ... the parties are ... separated pro salute animarum

I 428

19

Divorce a mensa et thoro ...

is said to be built on the divine revealed law. I 428

20

By marriage the husband & wife are one person in law: that is the

very being or legal existence of the woman is suspended during

the marriage, or at least is incorporated and consolidated in

that of the husband: under whose wing, protection, and cover, she

performs every thing. I 430

21

A wife ... shall sue & be sued as a feme

sole

... where the husband has abjured the realm, or is banished: for

then he is dead in law. I 431

22

Husband ... & ... wife ... are not allowed to be evidence for or

against each other ... because of the union of person: &

therefore, if they were admitted to be witnesses for each other, they would contradict one maxim of law, "

nemo in propria causa testis esse

debet;" & if against

each other, they would contradict another maxim, " nemo tenetur seipsum

accusare." I 431

23

Wife ... cannot by will devise lands to her husband, unless under

special circumstances, for at the time of making it she is

supposed to be under his coercion. I 432

23

The duty of parents to provide for the maintenance of their children is

a principle of natural law. I 435

JB_097_127_001.xml

Title: [4 June 1806 A release ... a greater]

Description: 4 June 1806

A release ... a greater estate's descending upon a less. II 326.

A surrender is the falling of a less estate into a greater by deed. II 326.

A convenant to stand seized to uses by which a man .... is put at once into corporal possession of land ... by a kind of parliamentary magic. II 238

The king's excellency is so high in the law, that no freeholds may be given to the king, nor derived from him but by matter . II 346

Grants made by the king are ex speciali gratia, certa scientia, et mers motu regis. II 347.

King's grants void, if informal or made under a misconception II 348

Assurance to an estate by a fictitious fine. II 348

Fictitious action of recovering to obtain possession of an estate. II 357

For lands obtained by recovery a possibility, in contemplation of law, of an equivalent being obtained from the common recovery II 360

In surrenders a symbol used to represent the estate. II 366

Copyholds cannot be exchanged but by mutual surrendry to each others use. II 367

A devise to a corporation for a charitable use is valid, as operating in the nature of an appointment, rather than that of a bequest. II 376

A man to whom a legacy is left not allowed to be a good witness to a will because in the security for his legacy would be on the real estate, in the other only on the personal assets. II 377.

By law, things moveable considered as of less value than things immoveable. II 384.

Essential to realty immobility. II 386

Corporal investiture &c livery of seisin ... gives the Tenant so strong a hold of ... land, that it never after can be wrested from him during his life but etc. II 386.

The law will not presuppose contingency to happen before it actually does. II 387.

A man may have absolute property in animals domitae but not in animals ferae naturae. II 390

A man may have a qualified property in them [bees] by the law of nature as well as by the civil law. II 392

It is ... felony ... to steal such [animals] as are fit for food, as it is to steal tame animals.. but not so if they are kept for pleasure, curiosity, whim etc ... because their II 393

value is not intrinsic

By the law of nature, every man ... has an equal right of ... taking ... all such creatures as are ferae naturae. II 411.

Upon the principles of the feudal law ... the king is the ultimate proprietor of all the lands in the kingdom. II 415.

A prescription presumes a grant. II 418.

If a man starts any game within his own grounds & follows it into another's, & kills it there, the property remains in himself. And this is grounded on reason &natural justice. II 419

Particular crimes and misdemeanors ... are ... offences against the divine law, either natural or revealed. II 420

In judgment of law a corporation never dies. II 430.

Chamberlain of London a corporation sole. II 432

Husband & wife ... are one person in law; so that the very being & existence of the woman is suspended during the coverture, or entirely merged and incorporatio in that of the husband. II 433.

Penalties to Informers II 438.

The ... right to a satisfaction for injuries is given by the law of nature. II 438.

In ... conveying an estate less than freehold .... [it is] usually expressed to be made in consideration of blood, or natural affection, or of 5 or 10 s nominally paid to the grantor. II 440

Implied Contracts - II 443

If cloth be delivered ... to a taylor to make a suit of cloaths he has it upon an implied contract to render it again when made. II 452

By common a man's removing his goods privately to prevent their being seized was no act of bankruptcy. II 479

Succession ab intestato, presumed to be according to the will of the deceased. II 490.

Persons ... born deaf, blind & dumb ... as they want the common inlets of understanding, are incapable of having animum testandi, & their testaments are therefore void. II 479

JB_097_141_001.xml

Title: [20 July 1804 10 It is an ancient maxim]

Description: 20 July 1804 10

It is an ancient maxim of the law, that no title is completely good, unless the right of possession be joined with the right of property; which right is then denominated a double right, jus duplicatum, or droit droit. II 199

2

It seems founded on a principle of natural reason, that (whenever a right of property transmissible to representatives is admitted) the possessions of the parents should go, upon their decease, in the first place to their children, as those to whom they have given being, and for whom they are therefore bound to provide. II 210.

3

3 All rules of succession to estates are creatures of the civil polity, & juris positivi merely. The right of property which is gained by occupancy, extends naturally no farther than the life of the present possessor; after which the land by the law of nature would again become common & liable to be seized by the next occupant .... There is certainly therefore no injutice done to individuals, whatever be the path of descent marked out by the municipal law. II 211.

4

This then is the great & general principle, upon which the law of collateral inheritances depends; that, upon failure of issue in the last proprietor, the estate shall descend to

the blood of the first purchasor, or, that it shall result back to the heirs of the body of that ancestor from whom it either really has, or is supposed by fiction of law to have, originally descended. II 223. 229

5

If I give land freely to another, he is in the eye of the law a purchasor; & falls within Littleton's definition, for he comes to the estate by his own agreement, that is, he consents to the gift. A man who has his father's estate settled upon him in tail before he is born, is also a purchasor, for he takes quite another estate than the law of descents would have given him. Nay even if the ancestor divises his estate to his heir at law by will, with other limitations, or in any other shape than the course of descent would direct, such heir shall take by purchase. II 241.

6

When a man takes an estate by purchase ... he takes it at feudum antiquum, as a feud of indefinite antiquity. II 243.

Escheat ... denotes an obstruction of the course of descent ... in which case the land naturally results back, by a kind of reversion, to the original grantor or lord of the fee. II 244.

7

The law of escheats is founded upon this single principle, that the blood of the person last seized in fee-simple is .... utterly extinct and gone. II 245.

8

Aliens ... are incapable of taking by descent or inheriting: for they are not allowed to have any inheritable blood in them. II. 249.

9

Sir Edw d Coke also holds that if an alien cometh into England, & there hath issue two sons, who are thereby natural born subjects; & one of them purchases land & dies; yet neither of these brethren can be heir to the other. For the commune vinculum or common stock of their consanguinity is the father; &, as he had to inheritable blood in him, he could communicate none to his sons; and when the sons can by no possibility be heirs to the father, the one of them shall not be heir to the other. II 250. Since overruled

10

The only feodul foundation upon which newly purchased land can possibly descend to a brother, is the supposition & fiction of law, that it descended from some one of his ancestors. II 260

11

By attainder ... for treason or other felony, the blood of the person attainted is so corrupted as to be rendered no longer inheritable. II 281.