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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
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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
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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
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The spiritual courts ... act
pro salute animae. I 421
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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
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In cases of total divorce ... the parties are ... separated pro salute animarum
I 428
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Divorce a mensa et thoro ...
is said to be built on the divine revealed law. I 428
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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
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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
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The duty of parents to provide for the maintenance of their children is
a principle of natural law. I 435
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