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Common law   /kˈɑmən lɔ/   Listen
Common law

noun
1.
(civil law) a law established by following earlier judicial decisions.  Synonyms: case law, precedent.
2.
A system of jurisprudence based on judicial precedents rather than statutory laws.  Synonyms: case law, precedent.






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"Common law" Quotes from Famous Books



... Frederick the Great, they have disclaimed it. But always they have practised it. They could not, indeed, practise anything else. For it is as true of an aggregation of States as of an aggregation of individuals that, whatever moral sentiments may prevail, if there is no common law and no common force the best intentions will be defeated by lack of confidence and security. Mutual fear and mutual suspicion, aggression masquerading as defence and defence masquerading as aggression, will be the protagonists in the bloody ...
— The European Anarchy • G. Lowes Dickinson

... throughout all the freedom of her wildest foliage, Nature is resolved on expressing an encompassing limit; and marking a unity in the whole tree, caused not only by the rising of its branches from a common root, but by their joining in one work, and being bound by a common law. And having ascertained this, let us turn back for a moment to a point in leaf structure which, I doubt not, you must already have observed in your earlier studies, but which it is well to state ...
— The Elements of Drawing - In Three Letters to Beginners • John Ruskin

... is our crime? That we have nourished, in the privacy of our own intellects, treasonable thoughts or desires concerning alcohol! Gentlemen, it is the first principle of common law that a man cannot be indicted for thinking a crime. There must be some overt act, some evidence of illegal intention. Can a man be deprived of freedom for carrying concealed thoughts? If so, we might as well abolish the human mind ...
— In the Sweet Dry and Dry • Christopher Morley

... redemption from the consequences of that fall cannot be believed. Both in Great Britain and in the United States the Old and New Testaments are forced on the people as part of Christianity; for it is blasphemy at common law to deny the scriptures of the Old and New Testaments to be of divine authority; and such denial is punishable with fine and imprisonment, or even worse. The rejection of Christianity intended throughout this ...
— Humanity's Gain from Unbelief - Reprinted from the "North American Review" of March, 1889 • Charles Bradlaugh

... coercion ESTABLISHED in society, and the common law of gravity prevailing, the sexes will fall into their proper places. And, now that more equitable laws are forming your citizens, marriage may become more sacred; your young men may choose wives from motives of affection, and your maidens allow love ...
— A Vindication of the Rights of Woman - Title: Vindication of the Rights of Women • Mary Wollstonecraft [Godwin]

... whether a woman was entitled to dower, and the like. The general precepts laid down by canon law in the case of a wife have already been noted. These rules need now to be supplemented by an account of the position of women in marriage under the common law. ...
— A Short History of Women's Rights • Eugene A. Hecker

... religious estate. For in order that they might administer in the said form, an apostolic dispensation has been necessary which is founded on grave reasons—and that with attention to only what the religious estate demands from him who has entered it, according to what is taught by common law and the doctrine of the saints. If that method of administering with exemption from the ordinary is changed, and the regular who has charge of a parish should as such become subject to the correction and visitation of the ordinary, and in other respects to the heads of his order, it is ...
— The Philippine Islands, 1493-1898, Volume XXXVI, 1649-1666 • Various

... very ill, and is not recovered, though, I trust, entirely out of all danger. Hester has also been seriously ill, but is out again. I agree most entirely with Fitzgibbon, in reprobating that some lex et consuetudo Parliament, which is to supersede the good old common law of the land. Fox's whole conduct and language ...
— Memoirs of the Courts and Cabinets of George the Third - From the Original Family Documents, Volume 1 (of 2) • The Duke of Buckingham and Chandos

... payment by occupiers of houses was only ordained for a "dowry" to the parish churches of London which had no glebe lands, the curates demanded that all merchants and artificers, with other occupiers of the city, should pay personal tithes of their "lucre or encrece" according to the common law, and as "well conscyoned" men had been in the habit of paying in times past.(1157) The book of articles was laid before the Court of Common Council on the 16th February, 1528, by Robert Carter and six other priests, on behalf ...
— London and the Kingdom - Volume I • Reginald R. Sharpe

... who almost alone among our prominent statesmen maintains the unity of the colonial people, adds indeed to their subjection to the same sovereign authority, community of origin, of language, manners, customs, and law. All these, except the last, or common law, may exist without national unity in the modern political sense of the term nation. The English common law was recognized by the colonial courts, and in force in all the colonies, not by virtue of colonial ...
— The American Republic: Its Constitution, Tendencies, and Destiny • A. O. Brownson

... United Nations Transitional Authority in Cambodia (UNTAC) period, royal decrees, and acts of the legislature, with influences of customary law and remnants of communist legal theory; increasing influence of common law in recent years; accepts compulsory ICJ jurisdiction, ...
— The 2007 CIA World Factbook • United States

... other realms of learning, a degree awarded for graduate work, as Doctor of Philosophy (Ph.D.), or for distinguished services that cause a collegiate institution to confer an honorary degree such as Doctor of Common Law (D.C.L.), Doctor of Law and Literature (LL.D.), Doctor of Science (Sc.D.), and so on. Every holder of a doctor's degree is entitled to be addressed as "Doctor," but in practice the salutation is rarely given to the holders of ...
— How to Write Letters (Formerly The Book of Letters) - A Complete Guide to Correct Business and Personal Correspondence • Mary Owens Crowther

... tell us all that can be said about a thing, even when they tell something, nor do they bring it before us, as the senses do. They arrange and classify facts; they reduce separate phenomena under a common law; they trace effects to a cause. Thus they serve to transfer our knowledge from the custody of memory to the surer and more abiding protection of philosophy, thereby providing both for its spread and its advance:—for, ...
— The Idea of a University Defined and Illustrated: In Nine - Discourses Delivered to the Catholics of Dublin • John Henry Newman

... to law. Again, as these laws are contained in a great variety of books, the statutes which relate to the office of a justice of peace making of themselves at least two large volumes in folio; and that part of his jurisdiction which is founded on the common law being dispersed in above a hundred volumes, I cannot conceive how this knowledge should by acquired without reading; and yet certain it is, Mr. Thrasher never read one syllable of ...
— Amelia (Complete) • Henry Fielding

... sir, in the name of common sense and common law, did you bring us into this out-of-the-way place, among these dirty, ragged, unshaven scoundrels? It is abominable! It ...
— Yussuf the Guide - The Mountain Bandits; Strange Adventure in Asia Minor • George Manville Fenn

... "We seem to have something more than a sciolist's temerity of indulgence in the terms of an unfamiliar art. No legal solecisms will be found. The abstrusest elements of the common law are impressed into a disciplined service. Over and over again, where such knowledge is unexampled in writers unlearned in the law, Shakespeare appears in perfect possession of it. In the law of real property, its rules of tenure ...
— Innocents abroad • Mark Twain

... tribunals, whose learning and impartiality shall be so secured as to possess the confidence of the community, and by general rules for the regulation of conduct and the distribution of estates most conformed to the analogies of that system, which is familiar to the people in their common law. ...
— An Essay on Professional Ethics - Second Edition • George Sharswood

... was brought against Vesalius. It was hoped by his persecutors that the latter charge would be brought before the Inquisition, and result in more rigorous punishment than any that would be inflicted by the judges of the common law. The King of Spain, however, interfered and saved him, on condition that he should make a pilgrimage to the Holy Land. Accordingly he set out from Madrid for Venice, and thence to Cyprus, from which place he went on to Jerusalem, and was returning, not to Madrid, but to Padua, where the professorship ...
— Fathers of Biology • Charles McRae

... title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United ...
— Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 • Library of Congress. Copyright Office.

... we consider that the mind of the truly wise man has power over all things and pervades all things, we cannot help declaring that everything is his, although, in the estimation of our common law, it may chance that he may be rated as possessing no property whatever. It makes a great difference whether we estimate what he owns by the greatness of his mind, or by the public register. He would pray to be delivered from that possession of everything of which you speak. I will not remind you ...
— L. Annaeus Seneca On Benefits • Seneca

... bind together men who speak a common language, have behind them a common history, and understand one another as they can understand no one else. The British nation is not a mysterious entity over and above the forty odd millions of living souls who dwell together under a common law. Its life is their life, its well-being or ill-fortune their well-being or ill-fortune. Thus, the common good to which each man's rights are subordinate is a good in which each man has a share. ...
— Liberalism • L. T. Hobhouse

... prepared we should be turning unwritten law into written—a conversion, as they insist, if not of doubtful policy, at all events of the greatest seriousness. Now, it is quite true that there was once a period at which the English common law might reasonably have been termed unwritten. The elder English judges did really pretend to knowledge of rules, principles, and distinctions which were not entirely revealed to the bar and to the lay-public. Whether all the law which they claimed to ...
— Ancient Law - Its Connection to the History of Early Society • Sir Henry James Sumner Maine

... law is not permitted; the bye-laws relative to shipping, and the common law of the country, are supposed to be sufficient; and certainly the present system is more advisable than to vest such excessive power in the hands of men, who, generally speaking, neither require nor are fit to be entrusted with it. Where, as in the greater number of ...
— Newton Forster - The Merchant Service • Captain Frederick Marryat

... particular kind of merchandise or commodity necessary to the general community, by suppressing natural and ordinary competition, whereby prices are unduly enhanced to the general consumer, are obnoxious not only to the common law but also to the public welfare. There must be a remedy for the evils involved in such organizations. If the present law can be extended more certainly to control or check these monopolies or trusts, ...
— Complete State of the Union Addresses from 1790 to the Present • Various

... do not think it is: it would be sufficient for any intellectual jury in a Common Law court," said Mr. Prendergast, who sometimes, behind his back, gave to Mr. Die the surname ...
— Castle Richmond • Anthony Trollope

... their several jurisdictions. The boundaries of the ground of protection were thus defined, but there was still lacking the requisite legislative authority. Experience showed that, besides the misdemeanors of common law—attempts upon the morals, murder, assault and battery, etc.—a multitude of offences against children remained unpunished. The society, therefore, solicited and obtained from the Legislature, powers which permitted it to repress acts ...
— The Bay State Monthly, Volume II. No. 2, November, 1884 • Various

... strictly speaking, not scriptures, for they are heard the scriptures being those ordinances that are written down. Of course, the Vedas have been reduced into writing, but for all that, they continue to be called the Srutis, as the Common Law of England, though reduced into writing, is still called the unwritten ...
— The Mahabharata of Krishna-Dwaipayana Vyasa, Volume 3 - Books 8, 9, 10, 11 and 12 • Unknown

... greater mistake than to make politeness a mere matter of arbitrary forms. It has as real and permanent a foundation in the nature and relations of men and women, as have government and the common law. The civil code is not more binding upon us than is the code of civility. Portions of the former become, from time to time, inoperative—mere dead letters on the statute-book, on account of the conditions on which they were founded ceasing to exist; ...
— How To Behave: A Pocket Manual Of Republican Etiquette, And Guide To Correct Personal Habits • Samuel R Wells

... impeachment of himself. He held, further, that this authority extended to every place to which the action of the enemy in any form extended—that is, to the whole country. This he took to be the doctrine of English Common Law, and he contended that the Constitution left this doctrine in full force. Whatever may be said as to his view of the Common Law doctrine, his construction of the Constitution would now be held by every one to have been wrong. Plainly ...
— Abraham Lincoln • Lord Charnwood

... incorporated towns and cities to vote a five per cent. tax in aid of railroad construction. He favored always such legislation as would most encourage the building of railroads, believing that with an increase of competitive lines the common law and competition could be relied upon to correct abuses and solve the rate problem. He has since become convinced of the falsity of this doctrine, and now realizes the truth of Stephenson's saying that where combination is possible ...
— The Railroad Question - A historical and practical treatise on railroads, and - remedies for their abuses • William Larrabee

... respect to the State," and he insisted that the writ of summons could not at any point confine debate. And since the Convocation was an ecclesiastical Parliament, it followed that it could legislate and thus make any canons "provided they do not impugn common law, statutes, customs or prerogative." "To confer, debate and resolve," said Shower, "without the king's license, is at common law ...
— Political Thought in England from Locke to Bentham • Harold J. Laski

... left us to go and join another group, consisting of magistrates, who were discussing a point of common law; and, in like manner, called upon his oracle, who, by the sagacity of his reflections, bore away all suffrages, and united their ...
— The Lives of the Fathers, Martyrs, and Principal Saints - January, February, March • Alban Butler

... is said that this court decision follows the English Common law; and now being settled by a decision, it is not open for further consideration. In this progressive age nothing is settled until it is settled right. Judge Taney once judicially settled the status of the African race. The common law was held to forbid the bridging of navigable streams. ...
— Prairie Farmer, Vol. 56: No. 4, January 26, 1884 - A Weekly Journal for the Farm, Orchard and Fireside • Various

... or misbehave in the court-house (County Court Act 1888, s. 162), and may also attack persons who having means refuse to comply with an order to pay money, or refuse to comply with an order to deliver up a specific chattel or disobey an injunction. A court of quarter sessions has at common law a like power as to contempts in facie curiae and is said to have power to punish its officials for contempt in non-attendance or neglect ...
— Encyclopaedia Britannica, 11th Edition, Volume 7, Slice 2 - "Constantine Pavlovich" to "Convention" • Various

... that venerates and adores and prays to—you must not say "worships"—as many saints as there are days in the calendar, this stricture is refreshing. Saints not only of questionable sanctity, but of doubtful existence have been worshiped—beg pardon! venerated— by Catholics. What does the common law say about the prosecution coming into court with clean hands? If there is such a thing among Protestants as "religious veneration" of Luther, what shall we call the veneration of Mary among Catholics? Pius IX, on ...
— Luther Examined and Reexamined - A Review of Catholic Criticism and a Plea for Revaluation • W. H. T. Dau

... be strangely administered in that great court of appeal. They would have done better to have made Alexander[19] a Peer, who is very old, understands Equity Law, and has no children; but he knows very little of Common Law (which Best is well versed in), and so they keep him on the bench and put Best on the Woolsack. Lord Rosslyn is Privy Seal,[20] and Scarlett Attorney-General, which looks like a leaning towards the Whigs; but then Trench and Lord Edward Somerset are put into the Ordnance; George Bankes goes back ...
— The Greville Memoirs - A Journal of the Reigns of King George IV and King William - IV, Volume 1 (of 3) • Charles C. F. Greville

... faster until the dim, wintry pane was a blur. Millions of atoms crossed the watcher's weary vision, whirling, wavering, driven with an aimless persistence, unable to pause or to stop. And the blind white snowdrift climbed, fed, like human circumstance, from disconnected atoms impelled by a common law. ...
— The Desert and The Sown • Mary Hallock Foote

... the land. How manifest then, that cities must exert a mighty influence on the country and on the world. Who, that reflects on their extended intercourse, does not know, that they regulate the prices of commodities; that their fashions are imitated; that their maxims of trade are common law; and that their moral habits and opinions, good or bad, have an influence on the whole community? Their influence is great, whether we consider them in a moral or political point of view. The capture of a city has decided the destiny of nation. ...
— The National Preacher, Vol. 2. No. 6., Nov. 1827 - Or Original Monthly Sermons from Living Ministers • William Patton

... within the meaning of the statute; but this contention was overruled by the presiding judge, who was sustained in that view by the Supreme Court on exception. There was, however, no such offence as embezzlement known to the common law. So a person who fraudulently converted to his own use the property of another could only be convicted of larceny; and the offence of larceny could not be committed where the offender had been entrusted with the possession of the property ...
— Autobiography of Seventy Years, Vol. 1-2 • George Hoar

... Act of 1887 are too well known to need any recital here. In a word, it was partly declaratory of the common law, its essential features being that railroad charges must be reasonable; that there must be no discriminations between persons and no preference between localities; railroads were prohibited from charging less for a long haul than for ...
— Fifty Years of Public Service • Shelby M. Cullom

... have said, never failed to keep my head above water. It was some satisfaction to know that, if the judges were so learned, there was yet more learning to come; much yet to come down from, the old table-land of the Common Law, and much more from the inexhaustible ...
— The Reminiscences Of Sir Henry Hawkins (Baron Brampton) • Henry Hawkins Brampton

... laid before them. And yet, preliminary enquiry there must be. The movement is far too great, and charged with too important interests, to permit its march unchecked. Of all tyrannical bodies, a railway company is the most tyrannical. It asks to be armed with powers which the common law denies to the Sovereign herself. It seeks, without your leave, to usurp your property, and will not buy it from you at your own price. It levels your house, be it grange or cottage, lays down its rails in your gardens, cuts through your policy, and fells down unmercifully the oaks which your ...
— Blackwood's Edinburgh Magazine, Volume 62, Number 361, November, 1845. • Various

... therefore military law prevails, and not the code of Justinian. It is my duty to protect your treasure and my own, and ensure that each man shall receive his share. After the division you may do what you please with the money, for you will then be under the common law, and I should not presume even ...
— The Sword Maker • Robert Barr

... position of Trade Unionists in New Zealand was much less enviable than that of their brethren in England. The English Act of 1875 repealing the old Labour Conspiracy law and modifying the common law doctrine relating thereto, had never been enacted in New Zealand. The Intimidation law (6 George IV.) was still in force throughout Australasia; the common law doctrine relating thereto had not been in any way softened. ...
— The Long White Cloud • William Pember Reeves

... wondering circle. He, too, was an officer, and appreciated their sentiments. They were unfeignedly sorry for him, a man so brave and modest, such a splendid type of the soldier and gentleman, yet, by their common law, an outcast. Nor could they wholly understand his demeanor. There was a noble dignity in his candor, a conscious innocence that disdained to shield itself under a partial truth. He spoke, not as a wrong-doer, but as one who addresses those who have been and will be once ...
— The Wings of the Morning • Louis Tracy

... that notice, and other information having reached them respecting the intended proceedings, the government had directed a notice to be issued, which would be published in the course of half an hour throughout London, pointing out that, by the statute and common law of these realms, the intended procession was illegal, warning the loyal and peaceable subjects of her majesty to abstain from taking any part in the procession, and calling upon them to give their best aid to ...
— The History of England in Three Volumes, Vol.III. - From George III. to Victoria • E. Farr and E. H. Nolan

... true that the various schools of Hindu philosophy agree in regarding a few fundamental ideas as axiomatic, but philosophy is not religion. The Mohammedans are one because they have a common religion and a common law. The Christians are one, because at least one point of faith is common. But the Hindus have neither faith, nor practice, nor law to distinguish them from others. I should therefore define a Hindu to be one ...
— India and the Indians • Edward F. Elwin

... declaration was but a prelude to the Statute of Heresy which was passed at the opening of 1401. By the provisions of this infamous Act the hindrances which had till now neutralized the efforts of the bishops to enforce the common law were utterly taken away. Not only were they permitted to arrest all preachers of heresy, all schoolmasters infected with heretical teaching, all owners and writers of heretical books, and to imprison them even if they ...
— History of the English People, Volume III (of 8) - The Parliament, 1399-1461; The Monarchy 1461-1540 • John Richard Green

... reluctantly admits any new adjunct, and counts in its train a thousand champions ready to rise in defense of its formularies and technical rules, the victory has been brilliant and decisive. The civil and the common law have yielded to the pressure of the times, and have adopted much which philosophy and experience have recommended, altho it stood upon no test of the pandects and claimed no support from the feudal polity. Commercial law, at least so far as England and America are ...
— Phrases for Public Speakers and Paragraphs for Study • Compiled by Grenville Kleiser

... in honor of gods, heroes, and conquerors. In the very midst stood the great temple of Jupiter, which contained the colossal gold and ivory statue of the god, the masterpiece of the sculptor Phidias. Hence, by the common law of Greece Elis was deemed a sacred territory, and its cities were unwalled, as they were thought to be sufficiently protected by the sanctity of the country; and it was only when the ancient faith began to give way that the sacred character ...
— Mosaics of Grecian History • Marcius Willson and Robert Pierpont Willson

... interest and our sympathy are redoubled by the thought that whatever differences there may be between the Old World and the New, citizens of the United States and ourselves are the Sons of a Common Mother and jointly inherit the treasure of the Common Law. And we cannot part with Mr. Beck on this occasion without a personal word. Plato records a saying of Socrates that the dog is a true philosopher because philosophy is love of knowledge, and a dog, while growling at strangers, always ...
— The Constitution of the United States - A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution • James M. Beck

... the Governor's residence "palatial" was part of the common law of Santa Fe journalism. In actual fact, it was a one-story, flat-roofed, adobe house, enclosing a placita, or little court, and having a portal, or roofed sidewalk, ...
— Emerson's Wife and Other Western Stories • Florence Finch Kelly

... otherwise commits fell deeds upon his neighbour's negroes; he even threatens them with death when they approach him for reparation. He snaps his fingers at law, lawyers, and judges: slave law is moonshine to those who have no rights in common law-" ...
— Our World, or, The Slaveholders Daughter • F. Colburn Adams

... Archdeacon of Winchester, and Rector of Bishop's Waltham, and of Horewood. Wood, in his Athenae, says, "he was accounted learned in divinity, in the civil and common law, and very knowing in vegetables, and all appertaining thereunto. He published The History of the Propagation and Improvement of Vegetables, by the concurrence of art and nature. Oxford, 1660, 8vo., and 1672, 8vo.: an account of which book ...
— On the Portraits of English Authors on Gardening, • Samuel Felton

... case on record, namely the Philadelphia shoemakers' strike case in 1806,[29] charged two offences; one was a combination to raise wages, the other a combination to injure others; both offences were declared by the judge to be forbidden by the common law. To the public at large the prosecution seemed to rest solely upon the charge that the journeymen combined to raise wages. The defense took advantage of this and tried to make use of it for its own purposes. The condemnation of the journeymen on this ground ...
— A History of Trade Unionism in the United States • Selig Perlman

... Frankish capitularies had a process called Inquisitio, which was adopted into Norman law, and was there called Enqute; this, having passed with the Normans into England, was finally shaped and embodied in the common law among the legal ...
— Anglo-Saxon Literature • John Earle

... housekeeper may very well attribute to him marvellous powers, suggested by their own excited imaginations; but we must not share in those hallucinations, nor are we to conclude from them that Adrian Baker is outside the common law to ...
— Stories by Foreign Authors: Spanish • Various

... retirement to a work on the Laws of Nations, and especially of the Law of Admiralty, which was the favorite science of his venerable grandfather, and of which, during the preceding twenty years, he had obtained so perfect a mastery. He loved the Common Law, revelled in its subtleties, expounded with a richness and a grace ever to be remembered the leading statutes by which the wisdom of a thousand years had controlled or modified it, and gloried in it as the living remembrancer of the liberties of his ancestral land. But he regarded the law of admiralty ...
— Discourse of the Life and Character of the Hon. Littleton Waller Tazewell • Hugh Blair Grigsby

... loved one. Young negro men always "cocked" their hats on one side of their heads when they became interested in the other sex. Marriages were performed by the master. Common law situations ...
— Slave Narratives: A Folk History of Slavery in the United States From Interviews with Former Slaves - Georgia Narratives, Part 4 • Works Projects Administration

... the common law bar, and early in life had attached himself to the home circuit. I cannot say why he obtained no great success till he was nearer fifty than forty years of age. At that time I fancy that barristers did not come to their prime till a period of life ...
— Orley Farm • Anthony Trollope

... to part with any of the great principles and laws which they derived from their forefathers. They took special care to speak with reverence of, and to preserve Magna Charta, the Bill of Rights, the Habeas Corpus, and not only all the body of the Common Law of England, but most of the rules of our courts, and all our form of jurisprudence. Indeed it is the greatest glory of England that she has thus supplied with sound principles of freedom those immense ...
— Political Pamphlets • George Saintsbury

... The angels according to the order of nature are between us and God; and therefore according to the common law not only human affairs are administered by them, but also all corporeal matters. But holy men even after this life are of the same nature with ourselves; and hence according to the common law they do not administer human affairs, "nor do they ...
— Summa Theologica, Part I (Prima Pars) - From the Complete American Edition • Thomas Aquinas

... in the law be mainly upon the general principles of the common law. The study of the civil law will also be helpful—although English jurisprudence developed of and by itself with only moderate help from the Romans. Reading statutes is unprofitable. You should never answer a question ...
— The Young Man and the World • Albert J. Beveridge

... codified the common law of Spain in 'Las Siete Partidas' (The Seven Parts). Still accepted as a legal authority in the kingdom, the work is much more valuable as a compendium of general knowledge than as an exposition of law. The studious king with ...
— Library of the World's Best Literature, Ancient and Modern, Vol. 1 • Charles Dudley Warner

... themselves in a chieftain or a lord. As it had the simplest sort of religion, monotheism, so it had the simplest sort of government, monarchy. There was exactly the same direct spirit in its despotism as in its deism. The Code, the Common Law, the give and take of charters and chivalric vows, did not grow in that golden desert. The great sun was in the sky and the great Saladin was in his tent, and he must be obeyed unless he were assassinated. Those who complain ...
— The New Jerusalem • G. K. Chesterton

... may become such a great evil in altered circumstances that stern measures have to be taken. Stealing was reprehended in the Ten Commandments, and so was covetousness. Theft was always punishable at common law; but, soon after company promotion became a feature of our commercial life in the latter part of the nineteenth century, firm action had to be taken by the Legislature to protect the public from the effects of a misleading ...
— Report of the Special Committee on Moral Delinquency in Children and Adolescents - The Mazengarb Report (1954) • Oswald Chettle Mazengarb et al.

... of human society. Late appearance of the separate family. Bushmen and Hottentots. Australians, Papuas. Eskimos, Aleoutes. Features of savage life difficult to understand for the European. The Dayak's conception of justice. Common law. ...
— Mutual Aid • P. Kropotkin

... seem now to be ample, they will by and by be found too limited. The school at Norwich is encumbered with regulations; and so every endowed institution is likely to be, because the right of a man to appropriate his property to a particular object carries with it, in the principles of common law, and in the administration of the law, in all free governments, the right to declare, to a certain extent, how that property shall be applied. Rules have been established—very proper and judicious rules for ...
— Thoughts on Educational Topics and Institutions • George S. Boutwell

... changed and destroyed—if the birth of a being is never more than the first step towards its end; how is it possible to expect that man, whose machine is so frail, of which the parts are so complicated, the whole of which possesses such extreme mobility, should be exempted from the common law; which decrees, that even the solid earth he inhabits shall experience change—shall undergo alteration—perhaps be destroyed! Feeble, frail mortal! Thou pretendest to exist for ever; whit thou, then, that ...
— The System of Nature, Vol. 1 • Baron D'Holbach

... tanner of that place. At fifteen years of age he became a Commoner in Queen's-college, Oxford 1585, where having made great progress in academical learning, and taken the degree of Batchelor of arts, he removed to the Middle-Temple, and applying himself to the study of the common law, was called to the bar; but having a quarrel with one Richard Martyn, (afterwards recorder of London) he bastinadoed him in the Temple-hall at dinner-time, in presence of the whole assembly, for which contempt, he was immediately expelled, and retired again to Oxford to prosecute his studies, ...
— The Lives of the Poets of Great Britain and Ireland (1753) - Volume I. • Theophilus Cibber

... therefore, if the lad was to be executed on my estate, (which I consider as an unhandsome thing, seeing it is in the possession of females, to whom such tragedies cannot be acceptable,) he ought, at common law, to have been delivered up to my bailie, and justified ...
— Old Mortality, Complete, Illustrated • Sir Walter Scott

... aloft, indulgently advising his children, as he does in the intermediate stage of the Br[a]hmanas; and [a]tm[a] (brahma) too is recognized to be the real being of Brahm[a], as in the Upanishads.[10] But none of this touches the practice of the common law, where the ordinary man is admonished to fear Yama's hell and Varuna's bonds, as he would have been admonished before the philosopher grew wiser than the Vedic seers. Only personified Right, Dharma, takes his seat with shadowy ...
— The Religions of India - Handbooks On The History Of Religions, Volume 1, Edited By Morris Jastrow • Edward Washburn Hopkins

... convicted at common law, as will be related in the next chapter; but the parliament seemed anxious to award some new punishment, beyond that which was ordinarily inflicted on traitors, on such culprits, for the purpose of marking their sense of their crime. Accordingly a committee was appointed in the lords to consider ...
— Guy Fawkes - or A Complete History Of The Gunpowder Treason, A.D. 1605 • Thomas Lathbury

... creation of the world, God made a law to this purport, that every man should sneeze but once in his life, and that at the same instant he should render up his soul into the hands of his Creator, without any preceding indisposition. Jacob obtained an exemption from the common law, and the favour of being informed of his last hour. He sneezed, and did not die; and this sign of death was changed into a sign of life. Notice of this was sent to all the princes of the earth; and they ordained, ...
— The Mirror of Literature, Amusement, and Instruction - Volume 13, No. 354, Saturday, January 31, 1829. • Various

... there should be great alteration in the Courts in the East Indies, and, secondly, it is clear that the colonists and Indians will not be satisfied unless the Privy Council is presided over by a first-chop man; and I am assured that transferring three puisne judges from the Common Law Courts would not be satisfactory. Can you call at my room in the House of Lords to-morrow, at a ...
— Memoirs of the Life and Correspondence of Henry Reeve, C.B., D.C.L. - In Two Volumes. VOL. II. • John Knox Laughton

... deal of modern misconception. The word forest is often misunderstood. In its older meaning, a meaning which it still keeps in some parts, a forest has nothing to do with trees. It is a tract of land put outside the common law and subject to a stricter law of its own, and that commonly, probably always, to secure for the King the freer enjoyment of the pleasure of hunting. Such a forest William made in Hampshire; the impression which it made on men's minds ...
— William the Conqueror • E. A. Freeman

... find, within distances that you can easily measure, a small group of dark bodies, which you have called planets, all apparently governed by a common law, in obedience to which they are circling around a large body of quite different character, which gives them light and heat. Of these dark bodies, which shine in the sky only by reflected light, the earth is one, and, you are surprised to find, not the ...
— Daybreak: A Romance of an Old World • James Cowan

... and happiness; but Gray seems to have been very little delighted with academical gratifications; he liked at Cambridge neither the mode of life nor the fashion of study, and lived sullenly on to the time when his attendance on lectures was no longer required. As he intended to profess the common law, he, took no degree. ...
— The Works of Samuel Johnson, LL.D. in Nine Volumes - Volume the Eighth: The Lives of the Poets, Volume II • Samuel Johnson

... side were plunging their weapons into her bulky body. In many large towns, the monasteries had been suppressed by the fury of the populace; in other places, their possessions had been usurped by the power of the reformed nobles; but still the hierarchy made a part of the common law of the realm, and might claim both its property and its privileges wherever it had the means of asserting them. The community of Saint Mary's of Kennaquhair was considered as being particularly in this situation. They had retained, undiminished, their territorial power and influence; ...
— The Monastery • Sir Walter Scott

... in Jurisprudence the common law, falls sometimes heavily in individual cases; but for that reason would we do away with it altogether? The law of the indissoluble tie of marriage does, we admit, fall heavily upon some, yea, many lives; should we, therefore, infer God's dictation ...
— Hubert's Wife - A Story for You • Minnie Mary Lee

... independence, under condition of paying tribute; the Norman immigrants dividing among themselves the inheritance of the dispossessed inhabitants.[280] Strongbow and his companions became the feudal sovereigns of the island, holding their estates under the English crown. The common law of England was introduced; the king's writ passed current from the Giant's Causeway to Cape Clear;[281] and if the leading Norman families had remained on the estates which they had conquered, or if those who did remain had retained the character which they brought with them, the entire ...
— History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. II. • James Anthony Froude

... be admitted, Camden gives the palm. The goodness of the soil of that country, he argues, 'may be gathered from hence, that the inhabitants are of a bright, clear complexion, not to mention their sharpness of wit and admirable quickness in the study of our common law. So that it is at present, and always has been, reputed the common nursery of lawyers, and even amongst the common people you shall meet with a great many who (as one expresses it), if they have no just quarrel, are able to raise it out of the very quirks and niceties of the law.' In our ...
— East Anglia - Personal Recollections and Historical Associations • J. Ewing Ritchie

... do?" said her father, walking up and down the room. "What can I or anybody do? It is common law and common justice; if he be found guilty he must swing ...
— Crowded Out! and Other Sketches • Susie F. Harrison

... from some defect in the law or in its administration every effort to bring the accused to trial under its provisions proved ineffectual, and the Government was driven to the necessity of resorting to the vague and inadequate provisions of the common law. It is therefore my duty to call your attention to the laws which have been passed for the protection of the Treasury. If, indeed, there be no provision by which those who may be unworthily intrusted with its guardianship can be punished for the most flagrant violation of duty, extending even ...
— Complete State of the Union Addresses from 1790 to the Present • Various

... Arkansas shall never be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabitants of said State: Provided, That any alteration of said constitution, prospective in its effect, may be made in regard to the time and ...
— A Compilation of the Messages and Papers of the Presidents - Section 2 (of 2) of Volume 6: Andrew Johnson • James D. Richardson

... in ancestral custom, and that to alter it by legislation was a sort of impiety. We in England still conceive that there is something in the breast of the judge, and the belief is a lingering shadow of the tribal custom, the source of the common law. Now what conditions would be most favourable to this critical effort, so fraught with momentous consequences to humanity? Apparently a union of elements belonging to different tribes such as would compel them, for the preservation of peace and the regulation of daily intercourse, ...
— Lectures and Essays • Goldwin Smith

... aside should be applied. With regard to the Bill, as it related to the regulation of Appeals, he was not satisfied. Suitors were, in the first instance, to carry their complaints before the Courts of Common Law in Canada, to appeal, if dissatisfied, to the Governor and Council, to appeal from their decision to the King in Council, and to appeal from His Majesty's decision to the House of Lords. If the Lords were ...
— The Rise of Canada, from Barbarism to Wealth and Civilisation - Volume 1 • Charles Roger

... follow his vein, "with its dips, angles and variations under the adjoining land of his neighbor," which policy is declared to be the source of incalculable legislation. The Commission, in short, urged the adoption of the principles of the Common Law and the employment of the appropriate machinery of the Land Department, as a substitute for the frontier regulations which Congress made haste to nationalize in 1866. It declared that under these regulations "title after title hangs on a local record which ...
— Political Recollections - 1840 to 1872 • George W. Julian

... which Langbaine described as one of the longest he had ever read, and the most tedious. Somebody seems to have attacked him and his Characters. A second edition, in 1631, was entitled "New Essays and Characters, with a new Satyre in defence of the Common Law, and Lawyers: mixt with Reproofe against ...
— Character Writings of the 17th Century • Various

... the Governor addressed the colony. He vindicated this act of severity, as requisite to intimidate the blacks; but he solemnly pledged his government to equal justice, and that the law should take its course on individuals of either race, who might violate "the common law of mankind." ...
— The History of Tasmania , Volume II (of 2) • John West

... was the common law of the land that the islanders should purchase their corn only of him. They grumbled, but he growled; he swore that it was the constitution of the country; that there was an uninterrupted line of precedents to confirm the claim; and that, if they did ...
— The Voyage of Captain Popanilla • Benjamin Disraeli

... body of judge-created laws that for long formed the common law of Ireland, existed from prehistoric times till Cromwell's conquest. The origin of the code is unknown, and whether it was at first traditional; many manuscript redactions of ...
— The Nuttall Encyclopaedia - Being a Concise and Comprehensive Dictionary of General Knowledge • Edited by Rev. James Wood

... cases. Juries of less than twelve were sometimes allowed, and a unanimous vote by a jury was not always required. Growing wealth and the consequent multiplication of litigants necessitated an increase in the number of judges in most courts. Efforts were made, with some success, by combining common law with equity procedure, and in other ways, to render lawsuits more ...
— History of the United States, Volume 5 • E. Benjamin Andrews

... himself having added to his name in common appellation this syllable "Sir," which is the title whereby we call our knights in England. His wife also of courtesy so long as she liveth is called "my lady," although she happen to marry with a gentleman or man of mean calling, albeit that by the common law she hath no such prerogative. If her first husband also be of better birth than her second, though this latter likewise be a knight, yet in that she pretendeth a privilege to lose no honour through courtesy yielded to her sex, she will be named after the most honourable or worshipful of ...
— Chronicle and Romance (The Harvard Classics Series) • Jean Froissart, Thomas Malory, Raphael Holinshed

... bias of Conservatism in his policy had been repeatedly displayed, and it was equally apparent in the Imperial Parliament. In 1807 he had supported the Insurrection Act, in opposition to many of his friends, on the ground that there was a real and dangerous French party in Ireland, which the common law was insufficient to suppress. In 1814 he expressed his full approval of the proclamation suppressing the Catholic Board. He steadily and earnestly maintained that, although it was vitally necessary that Catholic emancipation should be speedily carried, it should be accompanied by measures ...
— Historical and Political Essays • William Edward Hartpole Lecky

... cited by Ralegh from Philip and Mary's repealing statute, Popham ruled, applied solely to the specific treasons it mentioned. The Act ordained that the trial of treasons in general should follow common law procedure, as before the reign of Edward VI. But by common law one witness was sufficient. The confession of confederates was full proof, even though not subscribed, if it were attested by credible witnesses. Indeed, remarked Popham, echoing Coke, ...
— Sir Walter Ralegh - A Biography • William Stebbing

... the reign.] The following are the most remarkable laws enacted during this reign. There had been great disputes between the civil and ecclesiastical courts concerning bastardy. The common law had deemed all those to be bastards who were born before wedlock; by the canon law they were legitimate: and when any dispute of inheritance arose, it had formerly been usual for the civil courts to issue writs to the spiritual, directing them to inquire into the legitimacy of the person. The ...
— The History of England, Volume I • David Hume

... have contented myself with restoring to you the documents which had been collected at our headquarters; but, as you probably knew, Captain Brocq was killed—killed in a mysterious fashion. I thus found myself in the presence of a crime, a common law crime: the inquest has restored it to the civil law jurisdiction, and not to the military: believe me, I understand my business, I know ...
— A Nest of Spies • Pierre Souvestre

... the weighty matters moved in this Parliament, and which shall be moved in other Parliaments in future times, touching the peers of the land, shall be managed, adjudged, and discussed by the course of Parliament, and in no sort by the Law Civil, or by the common law of the land, used in the other lower courts of the kingdom; which claim, liberty, and franchise the King graciously allowed and granted to them in ...
— The Works of the Right Honourable Edmund Burke, Vol. XI. (of 12) • Edmund Burke

... paid! Oh for the Corporation of Birmingham cheated and snared, Taking orders for coke that the widow and infant prepared! Oh for the Court of Appeal, and oh for Lords Justices three! Oh for the Act that infants from contracts may shake themselves free! Oh for the common law with its store of things old and new! Birmingham coke is good and good ...
— Briefless Ballads and Legal Lyrics - Second Series • James Williams

... gyrations and details to be filled up by ordinary legislation. 'Conventions intended to regulate the conduct of nations,' said Chief Justice Tilghman, in the Farmers' Bank versus Smith, 3 Sergt. and Rawl. 69, 'are not to be construed like articles of agreement at the common law. It is of little importance to the public, whether a tract of land belongs to A or B. In deciding these titles, strict rules of construction may be adhered to; and it is best that they should be adhered to, though sometimes at the expense of justice. But where multitudes ...
— Diary in America, Series One • Frederick Marryat (AKA Captain Marryat)

... beautiful forms that so much gratify our eyes in passing through the Crystal Palace. For this service you are to be paid; but to enable you to receive payment you need the aid of the legislator, as the common law grants no more copyright for the form in which ideas are expressed than for the ideas themselves. In granting this aid he is required to see that, while he secures that you have justice, he does no injustice to the men who produce the raw material of your ...
— Letters on International Copyright; Second Edition • Henry C. Carey

... spoken irreverently of Sir Thomas Crompton, a civilian; asserting, that Crompton was as good a man as Coke. The fact is, there then existed a rivalry between the civil and the common lawyers. Coke declared that the common law of England was in imminent danger of being perverted; that law which he has enthusiastically described as the perfection of all sense and experience. Coke was strenuously opposed by Lord Bacon and by the civilians, and was at length committed to the Tower (according ...
— Literary Character of Men of Genius - Drawn from Their Own Feelings and Confessions • Isaac D'Israeli

... natures are all part of the universal nature; on which account, the chief good is to live in a manner corresponding to one's own nature, and to universal nature; doing none of those things which the common law of mankind (the universal conscience of our race) forbids. That common law is identical with RIGHT REASON which pervades every thing, being the same with Jupiter (Zeus), who is the regulator and chief ...
— Christianity and Greek Philosophy • Benjamin Franklin Cocker

... based on English common law; for Muslims, Islamic Shari'a law supersedes civil law in a ...
— The 2000 CIA World Factbook • United States. Central Intelligence Agency.

... royal benevolences were encroaching more and more on the right of parliamentary taxation. Justice was prostituted in the ordinary courts to the royal will, while the boundless and arbitrary powers of the royal Council were gradually superseding the slower processes of the Common Law. The religious changes had thrown an almost sacred character over the "majesty" of the king. Henry was the Head of the Church. From the primate to the meanest deacon every minister of it derived from ...
— History of the English People - Volume 4 (of 8) • John Richard Green

... will try the prisoners exclusively for offences against the common law, and will not ...
— The Insurrection in Paris • An Englishman: Davy

... States of Europe have to keep as their ideal the affirmation of this public right, and to enforce it by a common will. That creation of a common will is at once the most difficult and the most imperative thing of all. Every one must be aware how difficult it is. We know, for instance, how the common law is enforced in any specified state, because it has a "sanction," or, in other words, because those who break it can be punished. But the weakness for a long time past of international law, from the time of Grotius onwards, is that it apparently has no real sanction. ...
— Armageddon—And After • W. L. Courtney

... administered with regularity and dignity. The next force was the conception of an unwritten law, of the binding power of custom. This idea, although by no means peculiar to the English race, had been developed into an elaborate "common law,"—a system of legal principles accepted as binding on subject and on prince, even without a positive statute. Out of these two underlying principles of law had gradually developed a third principle, ...
— Formation of the Union • Albert Bushnell Hart

... not the debtor. It was Caesar, who, perhaps stimulated in this case also by the more humane Egyptian and Greek legislation, especially that of Solon,(68) introduced this principle—diametrically opposed to the maxims of the earlier ordinances as to bankruptcy— into the common law, where it has since retained its place undisputed. According to Roman law the debtor unable to pay became the serf of his creditor.(69) The Poetelian law no doubt had allowed a debtor, who had become unable to pay only through temporary ...
— The History of Rome (Volumes 1-5) • Theodor Mommsen

... suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by a jury, shall be otherwise reexamined in any court of the United States than according to the rules of the ...
— Key-Notes of American Liberty • Various

... beladied so before. Would evidence of having been called lady More than so many times make me a lady In common law, I wonder." ...
— Mountain Interval • Robert Frost

... do, their temporal goods to Parsons and to other Vicars and Priests; which should be faithful dispensators of the parish's goods, taking to themselves no more but a scarce living of tithes nor of offerings by the Ordinance of the Common Law. For whatsoever priests take of the people, be it tithes or offering, or any other duty or service, the priests ought not to have thereof no more but a bare living: and to depart [give away] the residue to the poor men and women, specially ...
— Fifteenth Century Prose and Verse • Various

... also declared that it "ought to be" so dissolved. There was certainly no "right" of the United Colonies, as the United States of America, to be free and independent states and to declare the connection between them and the State of Great Britain to be dissolved except upon principles of some implied common law which was supreme over the Constitution of the State of Great Britain and the Charters and Constitutions of the Colonies, for none of these Constitutions or Charters made provision for the dissolution of ...
— "Colony,"—or "Free State"? "Dependence,"—or "Just Connection"? • Alpheus H. Snow

... friends; reversing here, as every where, the practice of sense and reason;—conciliatory even to abject submission where we ought to have been haughty and commanding,—and repulsive and tyrannical where we ought to have been gracious and kind. Even a common law of good breeding would have served us here, had we known how to apply it. We ought to have endeavoured to raise the Portugueze in their own estimation by concealing our power in comparison with theirs; dealing with them in the spirit of those mild and humane delusions, which spread such ...
— The Prose Works of William Wordsworth • William Wordsworth

... by some unpardonable flaw, Temptation isn't recognized by Britain's Common Law; Men found him out by some peculiarity of touch, And WILLIAM got a "lifer," which annoyed ...
— Fifty Bab Ballads • William S. Gilbert

... molestation by the governmental interests; more particularly and scrupulously among those peoples that have taken the lead in working out that system of free or popular institutions that marks the modern civilised nations. So it has come to be embodied in the common law of the modern world as an inviolable natural right. It has all the prescriptive force of legally authenticated ...
— An Inquiry Into The Nature Of Peace And The Terms Of Its Perpetuation • Thorstein Veblen

... the passing of the first statute respecting literary property in 1710, whether by certain of its provisions this perpetual copyright at common law was extinguished for the future. The question was solemnly argued before the Court of King's Bench, when Lord Mansfield presided, in 1769. The result was a decision in favour of the common-law right as unaltered by the ...
— Life Of Johnson, Vol. 1 • Boswell, Edited by Birkbeck Hill

... the government of July was so severely censured for failing to do when it refused to execute Louis Bonaparte after the affair of Strasburg: they struck the true culprit. It was an application of the common law, a solemn decree of justice ...
— What is Property? - An Inquiry into the Principle of Right and of Government • P. J. Proudhon

... therefore of this mixed passion, which we call love, is the BEAUTY of the SEX. Men are carried to the sex in general, as it is the sex, and by the common law of nature; but they are attached to particulars by personal BEAUTY. I call beauty a social quality; for where women and men, and not only they, but when other animals give us a sense of joy and pleasure in beholding ...
— Selections from the Speeches and Writings of Edmund Burke. • Edmund Burke

... with poverty, and that there is nothing in the book which is not necessary and legitimate in the description of the question. 3rd. That the advocacy of non-life-destroying checks to population is not an offence either at common law or by statute, and that the manner in which that advocacy is raised in the said book, 'The Fruits of Philosophy', is not such as makes it an indictable offence. 4th. That the discussion and recommendation of checks ...
— Autobiographical Sketches • Annie Besant

... precept to the sheriff, to summon a jury. The rule nisi was made absolute. Chief Justice Forbes decided that the magistrates derived their commission from the king, and not the parliament; that their functions and obligations were settled by common law; were not mentioned, and therefore not taken away by the act. The petty session thus traced its existence to the royal commission: the supreme court to ...
— The History of Tasmania, Volume I (of 2) • John West

... morning there were consultations in counsel's rooms, and the common law of the realm was ransacked to find a legal method of inspecting Priam's moles, without success. Priam arrived safely at the courts with his usual high collar, and was photographed thirty times between the kerb ...
— Buried Alive: A Tale of These Days • Arnold Bennett

... the solid elements of his chemistry. The probable answer received will be very little calculated to solve the world's perplexity; since, all hypotheses to the contrary notwithstanding, cometary matter does not appear to possess even the common law of adhesion or of chemical affinity. The reason for it is very simple. And the truth ought long ago to have dawned upon the experimentalists, since our little world (though so repeatedly visited by the hairy and bearded travelers, ...
— Five Years Of Theosophy • Various

... majority of western nations are inflexible. If, for example, an Englishwoman should agree, by an ante-nuptial contract, to submit herself to the discipline, not of the current statutes, but of the elder common law, which allowed a husband to correct his wife corporally with a stick no thicker than his thumb, it would be competent for any sentimental neighbour to set the agreement at naught by haling her husband before a magistrate ...
— In Defense of Women • H. L. Mencken

... condition—whether his illness is mental or bodily, or a mixture of the two—his clandestine examination by bought physicians, and his violent capture, the natural effect of which must have been to excite him and retard his cure, were wicked and barbarous acts, contrary to God's law and the common law of England, and, indeed, to all human law except our shallow, incautious Statutes de Lunatico: they were an insult to yourself, who ought at least to have been consulted, for your rights are higher and purer than Richard Bassett's; therefore, as a wife bereaved of your husband ...
— A Terrible Temptation - A Story of To-Day • Charles Reade

... and value of the "Futawa Alumgeeree" may be briefly explained. In every country in Europe where the Roman law is still recognized as more or less authoritative—and indeed in every country where the common law has borrowed more or less from the Roman—an acquaintance with the system of Roman jurisprudence as it is embodied in the law-books of Justinian has its value for the scientific lawyer. In like manner a knowledge of Mahometan jurisprudence as embodied in the "Futawa Alumgeeree" cannot fail ...
— The International Weekly Miscellany, Volume I. No. 9. - Of Literature, Art, and Science, August 26, 1850 • Various

... Christian religion is with us no explosive force threatening the disruption of our most cherished institutions. On the contrary, it has been said, not as a mere figure of speech, that "Christianity is part of the common law of England." And even the bitterest enemies of our religion will scarcely deny that, upon the whole, a nation imbued with the teaching of the New Testament is more easy to govern than one which derived its notions of divine morality from the stories ...
— Political and Literary essays, 1908-1913 • Evelyn Baring

... a single proposal, which, from a Norwegian point of view, would be acceptable, to make decisions that might in any possible degree remedy the deficiences. On the contrary, Mr HAGERUP mentions that such decisions would be calculated to stamp Norway as a dependency, according to international and common law principles, and declared that from a national point of view, it indicates a very great retrogression on the present arrangement of the Consular Service[34:1]. In this, he forgets that Mr BOSTROeM'S conditions refer to exceptional decisions and do not touch ...
— The Swedish-Norwegian Union Crisis - A History with Documents • Karl Nordlund

... his delightful Handbook of London, says that when the New Temple "passed to the Knights of St. John of Jerusalem, the Inner and Middle Temple were leased to the Students of the Common Law; and the OUTER TEMPLE to Walter Stapleton, Bishop of Exeter:" and in describing Essex House, by which name it {326} was afterwards known, he repeats the same statement; as if the Outer Temple was part of the original property of ...
— Notes and Queries, Number 78, April 26, 1851 • Various

... has constructed its institutions upon empirical observations and assumptions agreeing with this principle. The deductions concerning human nature and human traits that an interplanetary visitor would draw from a study of our common law would be at least slightly humiliating to our incorrigible pride. Law courts, codes of civil contract and criminal procedure, the systems of subordination in armies and navies, castes and classes, men and women, employers and employees, teachers and pupils, parents and children, are based ...
— The Glands Regulating Personality • Louis Berman, M.D.

... and hum of men and the greater or lesser legerdemain of life, and so turned shyly away to live and follow his plans and reveries apart, after the law of his being, violating in this way what may be called the common law of society, and meeting the fate of all nonconformists. He was slighted and ridiculed, and even suspected; for people in general, when they see a man go aside from the highway, maundering and talking to himself, think there must be a reason for ...
— Atlantic Monthly Vol. 6, No. 33, July, 1860 • Various

... and on paper. But, in my opinion, there is not a shadow of doubt that General Wool did deliberately deceive us; that he had authority to issue arms, and that, had he adhered to his promise, we could have checked the committee before it became a fixed institution, and a part of the common law of California. Major-General Volney E. Howard came to San Francisco soon after; continued the organization of militia which I had begun; succeeded in getting a few arms from the country; but one day the Vigilance Committee sallied from their armories, ...
— Memoirs of Three Civil War Generals, Complete • U. S. Grant, W. T. Sherman, P. H. Sheridan

... course, having been called to the Bar, Anthony entered the chambers of an eminent Common Law leader. Although his prospects were now good, and he was ere long likely to be independent of the profession, he was anxious to follow it and make a name and fortune for himself. This indeed he would have found little difficulty in doing, since soon he showed that he had studied to ...
— Smith and the Pharaohs, and Other Tales • Henry Rider Haggard

... other side goes the length of saying, that a public cruiser is in the situation of a sheriff's officer on shore, who is compelled to arrest his prisoner on his own responsibility. In the first place, it may be questioned if the dogma of the common law which asserts the privilege of the citizen to conceal his name, is worthy of a truly enlightened political freedom. It must not be forgotten that liberty first took the aspect of franchises, in which men sought protection from the abuses of ...
— Miles Wallingford - Sequel to "Afloat and Ashore" • James Fenimore Cooper

... think of the blood that has been shed in the name of Jesus, when you think of the Holy Roman Empire, "neither holy nor Roman nor imperial," of the constitutional phrases that cloak all sorts of thievery, of the common law precedents that tyrannize over us, history begins to look almost like the struggle of man to emancipate himself from phrase-worship. The devil can quote Scripture, and law, and morality and reason and practicality. The devil can use ...
— A Preface to Politics • Walter Lippmann

... that he always objected to the intelligent man and chose the other kind. When our Anglo-Saxon ancestors fought for the right of trial by jury, and got it, they passed down to us a sword with two edges. Their idea, which was embodied in the common law, was that a man should be tried by a jury of his peers. But the way things have worked out, the man of average intelligence is apt to have to face a dozen jurors who are chosen partly for their lack of intelligence, and partly because their earning ability is so low that ...
— Branded • Francis Lynde

... oath to give an account. He has not, however, given them light enough or afforded them sufficient ground for a fishing bill in Chancery. Yet he says, "If you call upon me in a Chancery way, or by Common Law, I really will abdicate all forms, and give you some account." In consequence of this the Company did demand from him an account, regularly, and as fully and formally as if they had demanded it in a court of ...
— The Works of the Right Honourable Edmund Burke, Vol. X. (of 12) • Edmund Burke

... in 1560, and died about 1592. All besides known certainly of him is, that he was a native of London, and studied the common law, but seems to have spent much of his time in the practice of rhyme. His sonnets—one or two of which we subjoin—have considerable merit; but we agree with Campbell in thinking that Stevens has surely overrated them when he prefers them ...
— Specimens with Memoirs of the Less-known British Poets, Complete • George Gilfillan

... Perhaps, and indeed probably, this constitution may be that of the primitive tribe which Romans left to go one way, and Greeks to go another, and Teutons to go a third. The tribe took it with them, as the English take the common law with them, because it was the one kind of polity which they could conceive and act upon; or it may be that the emigrants from the primitive Aryan stock only took with them a good aptitude—an excellent political nature, which similar circumstances in distant ...
— Physics and Politics, or, Thoughts on the application of the principles of "natural selection" and "inheritance" to political society • Walter Bagehot

... of the peace I try'd a little, by attending a few courts, and sitting on the bench to hear causes; but finding that more knowledge of the common law than I possess'd was necessary to act in that station with credit, I gradually withdrew from it, excusing myself by my being oblig'd to attend the higher duties of a legislator in the Assembly. My election to this ...
— Autobiography of Benjamin Franklin • Benjamin Franklin

... her family to escape the ill-usage of a stepmother. She accomplished miracles of economy to make both ends meet, and, as she had never known pleasure, had no longing for it. This is how the pair came under the common law of partition walls. One evening in April, Jacques came home worn out with fatigue, fasting since morning, and profoundly sad with one of those vague sadnesses which have no precise cause, and which seize on you anywhere and at all times; a kind of apoplexy of the heart ...
— Bohemians of the Latin Quarter • Henry Murger

... rise in winter long before it is light, to read over their briefs; dress, and prepare themselves for the business of the day; at eight or nine they go to Westminster, where they attend and plead either in the Courts of Equity or Common Law, ordinarily till one or two, and (upon a great trial) sometimes till the evening. By that time they have got home, and dined, they have other briefs to peruse, and they are to attend the hearings, either at ...
— London in 1731 • Don Manoel Gonzales

... other in the production and sale of goods agree to place the management of all their several properties in the hands of a board of trustees. The powers of this board and its relation to the owners of the various properties are ingeniously devised to evade the common law, which declares that contracts in restraint of competition are against public policy, ...
— Monopolies and the People • Charles Whiting Baker

... in the courts, is not a condition of servitude most bitter and absolute, even though under the sacred name of marriage? Does any lawyer doubt my statement of the legal status of married women? I will remind him of the fact that the common law of England prevails in every State but two in this Union, except where the legislature has enacted special laws annulling it. I am ashamed that not one of the States yet has blotted from its statute books the old law of marriage, which, summed up in the fewest ...
— The Life and Work of Susan B. Anthony (Volume 2 of 2) • Ida Husted Harper

... faithful could only weep; they were themselves captives in the hands of the Turks: some temporal power was restored to the last age of the Abbassides; but their humble ambition was confined to Bagdad and the adjacent province. Their tyrants, the Seljukian sultans, had followed the common law of the Asiatic dynasties, the unceasing round of valor, greatness, discord, degeneracy, and decay; their spirit and power were unequal to the defence of religion; and, in his distant realm of Persia, the Christians were strangers to the name and the arms of ...
— The History of The Decline and Fall of the Roman Empire - Volume 6 • Edward Gibbon

... fixes a standard period of time in his own imagination, (not what the law defines, but merely what the convenience of his client suggests,) by which he would cut off at one stroke all those freedoms which are the dearest privileges of your corporation,—which the Common Law authorizes,—which your magistrates are compelled to grant,—which come duly authenticated into this court,—and are saved in the clearest words, and with the most religious care and tenderness, in that very act of Parliament which was made to regulate the elections ...
— The Works of the Right Honourable Edmund Burke, Vol. II. (of 12) • Edmund Burke

... WRAY. The posy of his grandfather, Just and True. Sir Ed. Cook [said] whoever shall go about to overthrow Common Law, the Common Law will overthrow him. ...
— Devon, Its Moorlands, Streams and Coasts • Rosalind Northcote



Words linked to "Common law" :   precedent, law, jurisprudence, service, civil law



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