Readings on the History and System of the Common LawRoscoe Pound |
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according act of parliament action of trespass appear assise assumpsit authority bill BLACKSTONE breach called cause Chancellor chap chattels Chief Justice civil COMMENTARIES common law Common Pleas constitution contract Court of Chancery court of equity covenant Curia Regis custom damages debt decision declaration deed defendant determined detinue doctrine duty England English law entitled error exchequer execution existence fact feoffment fraud freehold given grant hath heirs injury issue judges judgment judicial jurisdiction Jurisprudence jurors jury king knight-service land law merchant law of England legislation Lord Lord Chancellor Lord Coke matter ment nature oath obligation opinion owner parliament party person plaintiff pleading possession principles proceedings promise question reason recover remedy replevin respect Roman law rule seisin sheriff shillings statute suit SUPREME COURT tenant tenements term thing tion trial trust unless usage verdict words writ
Popular passages
Page 282 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination.
Page 358 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 145 - No freeman (says the 29th chapter of Henry III.7s charter, which, as the existing law, I quote in preference to that of John, the variations not being very material) shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or. any otherwise destroyed ; nor will we pass upon him, nor send upon him, but by lawful judgment of his peers, or by the law of the land.* We will sell to no man, we will not deny, or delay to any man justice or...
Page xix - has freedom to do all that he wills, provided he infringes not the equal freedom of any other...
Page 274 - That all men have a natural and indefeasible right to worship Almighty God according to -the dictates of their own consciences ; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience ; and that no preference shall ever be given, by law, to any religious establishments or modes of worship.
Page viii - That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law.
Page 455 - ... hereditaments, shall at any time after the said four and twentieth day of June be assigned, granted or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
Page 14 - It must be conceded that there are such rights in every free government beyond the control of the State. A government which recognized no such rights, which held the lives, the liberty and the property of its citizens subject at all times to the absolute disposition and unlimited control of even the most democratic depository of power, is after all but a despotism. It is true it is a despotism of the many, of the majority, if you choose to call it so, but it is none the less a despotism.
Page 356 - We have commanded you], that within Eight Days after the Service of this Writ on you, inclusive of the Day of such Service, you do cause...
Page viii - Whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration, the best means of attaining the ends aforesaid, do, in the first place, as Englishmen, their ancestors in like cases have usually done, for asserting and vindicating their rights and liberties...