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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
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Title: [26 May 1804 I 411 Slavery repugnant]Description: 26 May 1804 I 411 Slavery repugnant to natural law I 412 English law abhors slavery I 413 Natural equity that hiring for an unspecified time should be for a year I 417 Master bringing an action for damage done to his serv t must be assign his own loss I 417 Qui facit per alium, facit per se I 421 Spiritual Courts act pro salute animae I 423 Marriage prohibited between certain persons by God's law I 423 Disabilities to marriage grounded on natural law I 428 Indissolubility of marriages built on divine revealed law I 430 Husband and wife one person I 431 Abjuration of realm = death I 431 Husband & wife not to give evidence ag t each other because they are one person I 435 Natural law for parents to provide for their children I 436 Children disinherited without a sufficient ground assigned may move to have the will set aside on the ground of their parent's loss of reason. I 438 Parents protect their children from a natural duty I 441 Children owe duty to their parent from a principle of natural justice I 451 All persons infants till 21 I 455 Corporations immortal I 456 A corporation one person I 457 King, bishops &c, a sole corporation I 458 Parsons never die — every parson being the self same individual as his most remote predecessors I 460 Common law a custom, arising from the agreem t of the whole community I 462 Que facit per alium, facit per se I 463 Corporation an invisible body I 463 — its existence ideal — has no soul I 469 King inspects all corporations in the Kings Bench I 472 Dissolution of a corporation its civil death II 3 Right to property founded on the reveal'd will II 3 Law of nature confers property in first possessor II 7 Originally men had a natural right to occupy any lands II 7 Law of nature allows migration to deserts II 8 By natural law & natural justice occupancy conveys right to possession II 9 By universal law property remains in the taker II 10 Universal law a secondary law of nature II 13 By law of nature upon death of possessor his property should become common II 16 Division of property into personal and real II 18 Land = estates II 18 By law of nature water common II 20 Incorporeal hereditaments II 22 Conveyance of patronage invisible and mental II 31 A rank modus is felo de se II 33 Distinction between common appendant & d o appartenant — a right to put animals that do & do not the ground II 37 Public offices not to be sold the certain consequence being extortion on the purchaser II 72 Corruption of blood II 76 Functions dyslogistically epithetized I 105 All... lands... are... holden... of the King I 109 Corporation never dies I 109 The King in judgm t of law never dies I 110 ...incorporeal hereditaments which savour of the realty. I 121 A grant of a manor to be constructed to be a tenure for life I 125 An estate... after possibility of issue extinct... must be created by the act of God. I 125 A possibility of issue is always supposed to exist ... tho' the donces be ... on hundred years old. I 150 King can never neglect any thing I 150 The law presumes no wrong in any man I 174 A perpetuity... the law abhors 175 II 177 Wherever a greater estate and a less coincide & must in one & the same person... the less is immediately uninhabitated; or... is said to be merged; that is, sunk or drowned in the greater II 177 The King and the corporation can never die II 199 [Of an estate] one man may have the possession, another the right of possession & a third the right of property II 199 Right of possession... & right of property... a double right II 210 Natural reason that... possessions of parents should go... to their children II 211 [After] the present possessor ... land by the law of nature would again become common. II 213 According to Bracton states shall never ascend because it is contrary to the laws of gravitation.
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Title: [1817 Sept. 2 Not Paul 12 2]Description: 1817 Sept. 2 Not Paul 12 2 o Ch. 9. Paul’s Doctrines 1 §. Causes of Paul’s Asceticism §. 4. Paul against Jesus as to marriage &c. §. 4. Paul led into opposition to Jesus by anxiety to obtain female married converts What All men? Yes: all men. For rather than the dominion / empire / of Paul should lose a single subject, and in that one subject the degree of obsequiousness should by any rival pursuit or propensity lose any thing of its compleatness, content is he yea and desirous―so at least does he express himself―that the whole of the human species should come to an end / perish / that with the longest lives of / among / those who at that time were alive the whole of the species of the human species yea of his own species―should become / be / extinct / that with the then present generation the human species should become extinct /. Another case. Marginal note at this point: ‘ib. I. Cor. VII. 15’, i.e. ‘But if the unbelieving depart, let him depart. A brother or a sister is not under bondage in such cases: but God hath called us to peace.’ Suppose man and wife: one of them a believer viz. a believer in Paul: the other not. Displeased with the union purely spiritual as it is thus formed with Paul, the wife / husband / suppose wishes to part from her husband / his wife /. Shall he use any endeavours to detain her? Oh no: let her go / depart /, as let him go and welcome.―’What God hath joined together let no man put asunder’ (says Jesus). Bentham note at this point: ‘Mark X. 9.’ This is / Behold there / what was said by somebody. But that somebody, who was he? Oh it was only Jesus: Lord Jesus: the Jesus in whose name Paul was for ever preaching―preaching whatsoever happened from time to time happened to suit that same Paul’s purpose. Here rather than that the dominion of Paul should risk the loss of a subject any marriage that ever had been contracted every marriage that ever had been contracted should be dissolved. And so, at so easy a price as the saying I believe in Jesus―i.e. I believe in Paul, at the pleasure either of the / a / husband alone or of the wife alone, a divorce from bed and board at least―a divorce the extinction of all the comforts, and thereby to all the use / sweets / of matrimony―a separation having nothing but some of the bitters[?], was to be effected.
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Title: [1818 Feb 3 Not Paul III. Doctrine]Description: 1818 Feb 3 Not Paul III. Doctrine Ch. Motives to Conversion Asceticism II. Bed I. Ordinary 3. Conduct of a widow in respect of remarriage. On the occasion of the recommendation v. 6. to abstain from marriage, as applied to the situation of those /persons/ in a state of celibacy, he had already included widows. In v. 39. 40. he returns to the subject /his widows/, and if notwithstanding the above good advice nothing will serve them but they must remarry puts in a little proviso: a proviso for the benefit of ‘the Lord’: i.e. for the interest in respect of influence and dominion, of the Lord’s self-constituted Apostle. ‘The wife is bound’ (says he) ‘by the law so long as her husband liveth: but if her husband be dead, she is at liberty to be married to whom she will; onely in the Lord.’ i.e. only to a disciple of this giver of good advice. 40. ‘But she is happier (concludes he) if she so abide, after my judgment: and I think also that I have the spirit of God.’
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