Antiquities of the inns of court and chancery: containing historical and descriptive sketches relative to their original foundation, customs, ceremonies, buildings, government, &c. ; with a concise history of the English law
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Seite 31 - Whence it is that in our law the goodness of a custom depends upon its having been used time out of mind ; or, in the solemnity of our legal phrase, time whereof the memory of man runneth not to the contrary.
Seite 117 - Hear this, ye justices, that I have this day " neither eat, drank, nor have upon me, neither bone, stone, nor grass, " nor any enchantment, sorcery, or witchcraft, whereby the law of " God may be abased, or the law of the devil exalted. So help me
Seite 263 - Will I upon thy party wear this rose : And here I prophesy ; — This brawl to-day Grown to this faction, in the Temple garden, Shall send, between the red rose and the white, A thousand souls to death and deadly night.
Seite 3 - But here a very natural, and very material, question arises; how are these customs or maxims to be known, and by whom is their validity to be determined? The answer is, by the judges in the several courts of justice. 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.
Seite 5 - And indeed our antiquaries and early historians do all positively assure us, that our body of laws is of this compounded nature. For they tell us that in the time of Alfred, the local customs of the several provinces of the kingdom were grown so various, that he found it expedient to compile his Domebook, or Liber Judicialis, for the general use of the whole £ *65 ] kingdom. * This book is said to have been extant so late as the reign of King Edward the Fourth, but is now unfortunately lost.
Seite 79 - It keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings to be determined here, or prohibit their progress below. It superintends all civil corporations in the kingdom. It commands magistrates and others to do what their duty requires, in every case where there is no other specific remedy. It protects the liberty of the subject, by speedy and summary interposition.
Seite 38 - ALL OTHERS WHO HOLD OF US IN CHIEF, FOR A CERTAIN DAY, THAT IS TO SAY...
Seite 117 - ... to him for forfeiting the land of his principal by pronouncing that, shameful word, he is condemned as a recreant amittere...
Seite 3 - And thus much for the first ground and chief corner stone of the laws of England, which is general immemorial custom, or common law, from time to time declared in the decisions of the courts of justice ; which decisions are preserved among our public records, explained in our reports, and digested for general use in the authoritative writings of the venerable sages of the law.
Seite 69 - In all, he seems to have had the supervision of all charters, letters, and such other public instruments of the crown as were authenticated in the most solemn manner, and, therefore, when seals came into use, he had always the custody of the king's great seal.