An Historical View of the English Government: From the Settlement of the Saxons in Britain, to the Revolutin in 1688 : to which are Subjoined, Some Dissertations Connected with the History of the Government, from the Revolution to the Present Time, Volume 2

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Page 352 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 330 - And we find the same jealousy prevailing above a century afterwards (g), when the nobility declared, with a kind of prophetic spirit, " that the realm of England hath never been unto this hour, neither by the consent of our lord the king, and the lords of parliament, shall it ever be, 'ruled or governed by the civil [*20] law
Page 402 - I should add, that having every day occasion to take notice of the necessities and shifts for money of other great princes abroad, it did the better by comparison set off to him the felicity of full coffers.
Page 484 - ... and name as the highest court, condemneth or absolveth them whom the prince will put to that trial. And to be short, all that ever the people of Rome might do either in centuriatis tomitiis or tributis, the same may be done by the parliament of England which representeth and hath the power of the whole realm, both the head and body.
Page 485 - ... to the prince. But where the forfaite (as in popular actions it chaunceth many times) is part to the prince, the other part to the declarator, detector or informer, there the prince doth dispence for his owne part onely.
Page 430 - The great Montesquieu pointed out the road. He was the Lord Bacon in this branch of philosophy. Dr Smith is the Newton.
Page 349 - ... whensoever from thenceforth in one case a writ shall be found in the chancery, and in a like case falling under the same right and requiring like remedy, no precedent of a writ can be produced, the clerks in chancery shall agree in forming a new one; and, if they. cannot agree, it shall be adjourned to the next parliament, where a writ shall be framed by consent of the learned in the law, lest it happen for the future that the court of our lord the king be deficient in doing justice to the suitors.
Page 279 - Eliz. c. 8. consisting of the justices of the common pleas, and the barons of the exchequer, before whom writs of error may be brought to reverse judgments in certain suits originally begun in the court of king's bench.
Page 383 - ... coal, and the numerous springs of water with which they are supplied. The extension of manufactures, about this period, became so considerable as to produce an alteration in the whole face of the country; and in particular, gave rise to remarkable improvements in husbandry, and in the different arts connected with it. The enlargement of towns and villages, composed of tradesmen and merchants, could not fail to increase the demand for provisions in the neighbourhood, and, by enhancing the value...
Page 358 - Every new and extraordinary interposition is by length of time converted into an old rule; a great part of what is now strict law was formerly considered as equity, and the equitable decisions of this age will unavoidably be ranked under the strict law of the next.

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