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according action afford alleged allow appear benefit bill of exceptions Bing Bishop brought cause ceptions chief commanding common law Common Pleas complaint construction counsel course Court Court of Common Court of error defendant deny his seal direct disallowed doubt enactment entered entitled evidence exclusion exist expressed extend fact false further give given greater grievance ground Holt Hutchinson injury Inst instances intention issue judge judgment jury justices King's Bench legislature liability London Lord Lord Coke Lord Hardwicke lordship matter means ment mischief mode nature object opinion original parchment parliament particular party grieved passed petition plaintiff pleaded prayed present proceedings put their seals reason received record refused remedy respondents rule says seal a bill seems Show statement statute Strother sufficient suit taken tendered thing Tindal tion trial true ubi supra writ of error writing
Page 13 - Exchequer], that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: — 1st.
Page 24 - The true reason of the remedy; and then the office of all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico.
Page 3 - During this oral altercation a contemporaneous official minute in writing was drawn up by one of the officers of the court, on a parchment roll, containing a transcript of all the different allegations of fact to the issue inclusive. And, in addition to this, it comprised a short notice of the nature of the action, the time of the appearance of the parties in court, and the acts of the court itself during the progress of the pleading. These chiefly consisted of what were called the
Page 13 - And it was resolved by them, that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered: 1st.
Page 10 - Justice shall be commanded to appear at a certain day. either to confess or deny his seal, and if he cannot deny his seal, they shall proceed to judgment according to the exception, as it ought to be allowed or disallowed.
Page 50 - ... by due process of law: and by another statute made in the two-and-fortieth year of the reign of the said King Edward the Third, it is enacted that no man be put to answer without presentment before Justices or matter of record, or by due process and writ original according to the old law of the land...
Page 51 - ... duty (with regard to their offices and in conscience to the oaths they have taken) to crave the benefit of defending themselves touching the matter complained of by the petitioners, by the due and known course of the common law; and to rely upon the aforesaid statutes and the common right they have of free-born people of England, in bar of the petitioners' any further proceeding upon the said petition, and humbly pray to be dismissed from the same.
Page 48 - Examination or Consideration, not being any more triable by your 'Lordships than every Information or Action for Breach of any Statute Law is: all which Matters are by the Common Law, and Justice of the Land, of Common Right to be tried by a Jury. And the Petition is wholly of a new Nature, and without any Example or Precedent, being to compel Judges, who are by the Law of the Land to...
Page 43 - Every subject for injury done to him in bonis, in terris vel persona, by any other subject, be he ecclesiastical or temporal, without any exception, may take his remedy by the course of the law, and have justice and right for the injury done him, freely without sale, fully without denial, and speedily without delay.
Page 49 - And it is further manifest that this complaint is utterly improper for your lordships' examination, for that your lordships cannot 2 IS*] ğapply the proper and only remedy which the law hath given the party in this case, which is by awarding damages to the party injured (if any injury be done), for these are only to be assessed by a jury. And they, these respondents, are so far from apprehending they have done any wrong to the petitioners in this matter, that they humbly offer, with your lordships...