Law tracts. Maxims of the law (Google eBook)

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F. C. and J. Rivington, 1819 - Philosophy
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Page 158 - ... society of Gray's Inn. He thus commences his address to the students : " I have chosen to read upon the Statute of Uses, a law whereupon the inheritances of this realm are tossed at this day, like a ship upon the sea, in such sort, that it is hard to say which bark will sink, and which will get to the haven ; that is to say, what assurances will stand good, and what will not.
Page 10 - I hold every man a debtor to his profession; from the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavor themselves, by way of amends, to be a help and ornament thereunto.
Page 365 - I have now gained, I take it to be my duty, not only to speed your commandments and the business of my place, but to meditate and to excogitate of myself, wherein I may best, by my travels, derive your virtues to the good of your people, and return their thanks and increase of love to you again. And, after I had thought of many things, I could find, in my judgment, none more proper for your majesty as a master, nor for me as a workman, than the reducing and recompiling of the laws of England.
Page 443 - And for your comparison with Richard II., I see you follow the example of them that brought him upon the stage, and into print, in Queen Elizabeth's time, a most prudent and admirable queen.
Page 79 - Ambiguitas patens is never holpen by averment : and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law ; for that were to make all deeds hollow and subject to averments, and so, in effect, that to pass without deed, which the law appointeth shall not pass but by deed.
Page 79 - there be two sorts of ambiguities of words ; the one is ambiguitas patens, and the other' latens. Patens is that which appears to be ambiguous upon the deed or instrument ; latens is that which seemeth certain and without ambiguity, for anything that appeareth upon the deed or instrument ; but there is some collateral matter out of the deed that breedeth the ambiguity.
Page 404 - ... faces : so that we have not to do, in this case, so much with particular persons, as with unsound and depraved opinions, like the dominations and spirits of the air which the Scripture speaketh of.
Page 67 - ... it be authority by his will to declare and appoint uses, and then though it were knight's service land, he might dispose the whole.
Page 537 - But to pass from the motions of my heart whereof God is only judge, to the merits of my cause whereof your Lordships are judges under God and his Lieutenant; I do understand there hath been heretofore expected from me some justification, and therefore I have chosen one only justification instead of all other, out of the justifications of Job.
Page 371 - In all sciences, they are the soundest that keep close to particulars ; and sure I am there are more doubts that rise upon our statutes, which are a text law, than upon the common law, which is no text law.