Commentaries on the Liberty of the Subject and the Laws of England Relating to the Security of the Person, Volume 1

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Macmillan and Company, 1877 - Civil rights - 468 pages
 

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Page 255 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 151 - JUDGES ought to remember that their office is jus dicere, and not jus dare — to interpret law, and not to make law, or give law ; else will it be like the authority claimed by the Church of Rome, which, under pretext of exposition of Scripture, doth not...
Page 238 - Our sovereign Lord the King chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of King George, for preventing tumults and riotous assemblies. God save the King.
Page 22 - Municipal law, thus understood, is properly defined to be "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 393 - in any indictment for murder or manslaughter, or for being an accessory to any murder or manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased ; and it shall be sufficient in any indictment for manslaughter to charge that the defendant did feloniously...
Page 123 - that the king is the universal lord and original proprietor of all the lands in his kingdom : (z) and that no man doth or can possess any part of it, but what has mediately or immediately been derived as a gift from him, to be held upon feudal services.
Page 22 - Civil law is to every subject those rules which the commonwealth hath commanded him, by word, writing, or other sufficient sign of the will, to make use of, for the distinction of right and wrong; that is to say, of what is contrary and what is not contrary to the rule.
Page 423 - A hideous, sordid, and emaciated maniac, without knowledge, without patriotism, without natural affection, passing his life in a long routine of useless and atrocious self-torture, and quailing before the ghastly phantoma of his delirious brain, had become the ideal of the nations which had known the writings of Plato and Cicero and the lives of Socrates and Cato.
Page 316 - Battery in which any Question shall arise as to the Title to any Lands, Tenements, or Hereditaments, or any Interest therein or accruing therefrom, or as to any Bankruptcy or Insolvency, or any Execution under the Process of any Court of Justice.
Page xvii - The political liberty of the subject is a tranquillity of mind arising from the opinion each person has of his safety. In order to have this liberty, it is requisite the government be so constituted as one man need not be afraid of another.

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