Stat Nominis Umbra, Volume 2

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T. Bensley, 1805 - 284 pages


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Page 41 - The name of Mr. Justice Yates will naturally revive in your mind some of those emotions of fear and detestation with which you always beheld him. That great lawyer, that honest man, saw your whole conduct in the light that I do. After years of ineffectual resistance to the pernicious principles introduced by your lordship, and uniformly supported by your humble friends upon the bench, he determined to quit a court whose proceedings and decisions he could neither assent to with honour, nor oppose...
Page 138 - I am called upon to deliver my opinion, and surely it is not in the little censure of Mr. Home to deter me from doing signal justice to a man who, I confess, has grown upon my esteem.
Page 38 - Our language has no term of reproach, the mind has no idea of detestation, which has not already been happily applied to you, and exhausted. — Ample justice has been done by abler pens than mine to the separate merits of your life and character. Let it be my humble office to collect the scattered sweets, till their united virtue tortures the sense.
Page 240 - When the contest turns upon the interpretation of the laws, you cannot without a formal surrender of all your reputation, yield the post of honour even to lord Chatham. Considering the situation and abilities of lord Mansfield, I do not scruple to affirm, with the most solemn appeal to God for my sincerity, that, in my judgment, he is the very worst and most dangerous man in the kingdom.
Page 38 - With this general opinion of an ancient nation, I always thought it much to your Lordship's honour, that, in your earlier days, you were but little infected with the prudence of your country. You had some original attachments, which you took every proper opportunity to acknowledge. The liberal spirit of youth prevailed over your native discretion. Your zeal in the cause of an unhappy Prince was expressed with the sincerity of wine, and some of the solemnities of religion *. This, I conceive, is the...
Page 40 - Roman code, the law of nations, and the opinion of foreign civilians, are your perpetual theme; but who ever heard you mention Magna Charta, or the Bill of Rights, with approbation or respect? By such treacherous arts the noble simplicity and free spirit of our Saxon laws were first corrupted. The Norman conquest was not complete, until Norman lawyers had introduced their laws, and reduced slavery to a system.
Page 83 - That King James II., having endeavoured to subvert the constitution of the kingdom, by breaking the original contract between king and people ; and by the advice of Jesuits and other wicked persons, having violated the fundamental laws and having withdrawn himself out of the kingdom, has abdicated the government, and that the throne is thereby vacant.
Page 218 - ... plainly an'd specially expressed in the warrant of commitment) upon payment or tender of the charges of bringing...
Page 224 - This is the substance of that great and important statute: which extends (we may observe) only to the case of commitments for such criminal charge, as can produce no inconvenience to public justice by a temporary enlargement of the prisoner: all other cases of unjust imprisonment being left to the habeas corpus at common law.
Page 41 - Instead of those certain, positive rules, by which the judgment of a court of law should invariably be determined, you have fondly introduced your own unsettled notions of equity and substantial justice.

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