The Lawyer's and Magistrate's Magazine: In which is Included ... Every Important Proceeding in the Courts at Westminster, During the Present Year. With the Decision of the Judges, in Their Own Words. ..., Volume 2

W. Jones, 86, Dame-Street, and H. Watts, Christ-Church-Lane, 1792

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Page 137 - ... is not cruelty. It may, to be sure, be a harsh thing to refuse the use of a carriage, or the use of a servant ; it may in many cases be extremely unhandsome, extremely disgraceful to the character of the husband ; but the ecclesiastical court does not look to such matters : the great ends of marriage may very well be carried on without them ; and if people will quarrel about such matters, and which they certainly may do in many cases with a great deal of acrimony, and sometimes with much reason,...
Page 137 - But if it were at all necessary to lay down an affirmative rule, I take it that the rule cited by Dr. Bever from Clarke and the other books of practice is a good general outline of the canon law, the law of this country, upon this su-bject. In the older cases of this sort, which I have had an opportunity of looking into, I have observed that the danger of life, limb, or health is usually inserted as the ground upon which the Court has proceeded to a separation. This doctrine has been repeatedly applied...
Page 91 - It was very justly observed by a great judge that "all questions upon the rules of evidence are of vast importance to all orders and degrees of men: our lives, our liberty, and our property are all concerned in the support of these rules, which have been matured by the wisdom of ages, and are now revered from their antiquity and the good sense in which they are founded.
Page 93 - I admit that declarations of the members of a family, and perhaps of others living in habits of intimacy with them, are received in evidence as to pedigrees ; but evidence of what a mere stranger has said has ever been rejected in such cases.
Page 514 - The antiquity and excellence of this trial for the settling of civil property has before been explained at large. And it will hold much stronger in criminal cases ; since in times of difficulty and danger more is to be apprehended from the violence and partiality of judges appointed by the crown in suits between the king and the subject, than in disputes between one individual and another to settle the metes and boundaries of private property.
Page 327 - It cannot be carried on without the great families who have supported the Revolution government, and other great persons of whose abilities and integrity the public have had experience, and who have weight and credit in the nation.
Page 530 - But it is needless to comment on these expressions, for the jury were likewise told by the learned judge himself, that if they believed the fact of publication, they were bound to find the defendant guilty ; and it will hardly be contended, that a man has a right to refrain from doing that which he is bound to do. Mr. Cowper, as counsel for the prosecution, took upon him to explain what was meant by this expression ; and I seek for no other construction :
Page 559 - If people should not be called to account for possessing the people with an ill opinion of the government, no government can subsist. For it is very necessary for all governments that the people should have a good opinion of it.
Page 532 - If the meaning of these words, finding against the direction of the Court in matter of law, be, that if the Judge having heard the evidence given in court, (for he knows no other...
Page 548 - ... intention be an inference of law, from the fact of publishing the paper which this indictment charges to be a libel, is not the treasonable intention equally an inference from the fact of publishing that paper, which the other indictment charges to be an overt act of treason...

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