Attis

“ When the subject of discussion in a civil matter involves the examination of accounts, or by the absence of witnesses out of the kingdom, or by other reasons it happens that the Assizes cannot render justice, then the cause may be either commenced in the Court of the Pretor, or be brought there, and appeal shall be had from the Pretor to the Chancellor, and from the Chancellor to the Senate, whether upon the facts or upon the judgments rendered, as well upon the principle as upon the form, the whole in the manner which the legislature shall determine upon. ”

“ There is, it is true, a bill of exceptions in the record, but it contains exceptions only to the finding, and to the refusal of the court to find otherwise. It presents no question for our consideration except such as arises upon the facts as found. ”

“ Whenever the act of any state, whether legislative, executive, or judiciary, shall be attested and exemplified under the seal thereof, such attestation and exemplification shall be deemed in other states as full proof of the existence of that act ”

“ Item, it was covenanted and agreed by the said representatives that the said lords, their constituents, and each one of them, shall solemnly swear and shall promise on the said oath, that neither they nor their successors will ever, at any time, violate this contract, in whole or in part, of themselves or through another, in court or without, in any way, shape, or manner whatsoever, or that may be thought of; and that never, at any time, of themselves or through another, will they seek release from the said oath from our Very Holy Father, or from any other who may have power to release them. ”

“ No person is pointed out in the act of Congress, either by name or by description, against whom it is to operate. The oath is only required of those who propose to accept an office or to practise law; and as a prerequisite to the exercise of the functions of the lawyer, or the officer, it is demanded of all persons alike. ”

“ We greatly wonder that to you alone it should seem fit to go against our authoritative sanction and decree, when it is quite clear, both from ancient custom and from the constitution, that the decrees of enactments ought to be unalterable, and that to no one is it permitted to disregard their edicts and statutes. ”

“ It was also insisted on by that Lord and others, that the Oath imposed by the Bill, con­tained Three Clauses, the two former Assertory, and the last Promissory, and that it was worthy the Consideration of the Bishops, Whether Assertory Oaths, which were properly appointed to give testimony of a matter of Fact, whereof a Man is capable to be fully assured by the evidence of his Senses, be lawfully to be made use of to Confirm, or Invalidate Doctrinal Propositions, and whether that Legislative power, which imposes such an Oath, doth not necessarily assume to it self an Infallibility? ”

“ There is a general clause empowering any justice of the peace, notary public, or other officer now by law authorized to administer an oath, to take and receive the declaration of any person voluntarily making the same before him in the form in the schedule to the Act annexed ; and if any declaration so made shall be false or untrue in any material particular, the person wilfully making such false declaration shall be deemed guilty of a misdemeanour. ”

“ It is Ordered and by this Court declared, that no man shall be urged to take any Oath or subscribe to any Articles, Covenants or Remonstrances, of publick and Civil nature, but such as the Generall Court hath Considered, allowed and required, and no Oath of any Magistrate or of any Officer, shall bind him any further or longer, then he is Resident or Reputed an Inhabitant of this Jurisdiction. ”

“ VII. No person that holds in chief of the king, or any of his barons, shall be excommunicated, or any of their estates put under an interdict, before application made to the king, provided he is in the kingdom: and in case his Highness is out of England, then the justiciary must be acquainted with the dispute, in order to make satisfaction: and thus that which belongs to the cognizance of the king’s court must be tried there, and that which belongs to the courts Christian must be remitted to that jurisdiction. ”

“ Therefore, Our Will and Pleasure is, that in any Suit or Suits commenced, or to be commenced in any of our Courts at Westminister, or elsewhere, by the said Treasurer and Company, or otherwise against any such persons, that our Judges for the Time being, both in our Court of Chancery, and at the Common Pleas do favour and further the said Suits so far forth as Law and Equity will in any wise further and permit. ”

“ In the civil cases in which judgments are pronounced after examination and review by our said president and auditors, they are to be executed without any further appeal or petition, or other recourse, except when the case involves so large an amount that there may be ground for a further appeal to our royal person, in conformity with the provision and decree of our laws and ordinances. ”

“ Independent of authority, it is clear, on principle, that the exercise of the appellate power is not limited to any particular form. When the object is to revise a judicial proceeding the mode is wholly unimportant, and a writ of habeas corpus, mandamus, certificate of division, writ of error, appeal, or certiorari may be used, if the legislature so determine. ”

“ In any written law and in any document, any reference to the repealed Oaths Act, the repealed Oaths of Office and Allegiance Act or the repealed Statutory Declarations Act shall be treated as a reference to the Act. ”

“ The Criminal Code, § 125, provides: 'Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, . . . shall wilfully, and contrary to such oath, state or subscribe any material matter which he does not believe to be true, is guilty of perjury. ”

“ When the commissary re-ceives documents of many clauses from this Holy Office for the investigation of different matters and against many persons, he will place as introduction to the inquiry that he makes in each case that clause of the document which applies to the matter in question, legalized by the notary.
13. Any arrest made by the Holy Office is a matter of much reproach and dishonor for that person, and of no less damage and injury to his property; therefore an arrest should be made with prudence, care, and for just cause. ”

“ The very judges, who profess to derive all their authority from the Constitution—from an instrument that nobody ever signed—would spurn any other instrument, not signed, that should be brought before them for adjudication. ”

“ Proclamation at four court terms of a levy of a fine shall be a final end to an issue of land, tenements, or other hereditaments and the decision shall bind persons and their heirs, whether they have knowledge or not of the decision, except for women in covert [under the protection of a husband] who were not parties, persons under the age of twenty-one, in prison, out of the nation, or not of whole mind, who are not parties. ”

“ Official Oaths, which are usually promissory, being taken on entering upon an Office to the effect that the individual has sincere intention to administer his functions dutifully, might well be changed into assertory Oaths, to be taken at the end of a year or more of actual administration, the official swearing to the faithfulness of his discharge of duty during that time. ”

“ The party who brings suit is 'master to decide what law he will rely upon,' and the allegations of his bill are the evidence, or the expression, of his decision, upon which the courts must act in determining the question of their jurisdiction. ”

“ If a judge, no proceedings shall be laid before him, and his sentences, where passed, shall be null and void; if an advocate, he shall not have faculty to plead; if a notary, his deeds shall be void; if a cleric, he shall be deposed from his office and benefices. ”

“ United States, the special act of Congress was passed to remove the restriction of the ninth section of the act of 1863, and his claim was referred to the Court of Claims 'for adjudication thereof, pursuant to authority conferred upon said court by any existing law to examine and decide claims against the United States, referred to it by Congress.' [1] His claim was thus placed under the jurisdiction of the court equally as though the ninth section were not in existence. ”

“ Now that a judgment in a suit between two parties is conclusive in any other suit between them, or their privies, of every matter that was decided therein, and that was essential to the decision made, is a doctrine too familiar to need citation of authorities in its support. ”

“ Hast thou not signed a decree, that every man that shall ask a petition of any god or man within thirty days, except of thee, O king, shall be cast into the den of lions? The king answered and said, The thing is true, according to the law of the Medes and Persians, which altereth not. 13 Then they answered and said before the king, That Daniel, who is of the children of the captivity of Judah, regardeth not thee, O king, nor the decree that thou hast signed, but maketh his petition three times a day. ”

“ In Articuli super Chartas; when the Great Charter was confirmed, at the Request of his Prelates, Earls and Barons, we find these Passages. 1. Nevertheless the King and his Council do not intend by reason of this Statute to diminish the King’s Right, &c. 2. And notwithstanding all these things before-mentioned, or any part of them; both the King and his Council, and all they that were present at the making of this Ordinance, will and intend that the Right and Prerogative of his Crown shall be saved to him in all things. ”

“ That act expressly provides that the review here shall extend to the determination of the questions of law arising upon the record, and to such rulings of the court, excepted to at the time, as may be presented by a bill of exceptions, prepared as in actions at law. At law a bill of exceptions is only used to put into the record that which would not appear without. ”

“ The duty of the judicature is to discover and to act upon the true intention of the legislature—the mens or sententia legis. The essence of the law lies in its spirit, not in its letter, for the letter is significant only as being the external manifestation of the intention that underlies it. Nevertheless in all ordinary cases the courts must be content to accept the litera legis as the exclusive and conclusive evidence of the sententia legis. They must in general take it absolutely for granted that the legislature has said what it meant, and meant what it has said. ”

“ The party in whose favour the decree has been rendered, appears here pursuant to the citation, with an equal right to defend his interests, to demand an affirmance of the decree, with a mandate for its execution. ”

“ That the County Courts or any one Magistrate out of Court, shall have power and is hereby Authorized to Require the Oath of fidelity of all settled Inhabitants amongst us who have not already taken the same, as also to Require the Oath under written, of all strangers, who after two months have their abode here ”

“ Mr. G. H. Williams, Attorney-General, and Mr. S. F. Phillips, Solicitor-General, contra:
No canon for the interpretation of statutes justifies a reference to what was said by particular members of the legislature on the discussion of a bill which subsequently became a law. ”

“ Story, Eq. Jur. § 2. It was one of those obligations which was binding on the honor and conscience of the party, but one not the subject of a suit, and not to be enforced in a court of either law or equity. ”

“ Anyone in the realm may take oath that, for the accomplishment of all the aforesaid matters, he will obey the orders of the said twenty-five barons and distress us to the utmost of his power; and we give public and free leave to everyone wishing to take oath to do so, and to none will we deny the same. Moreover, all such of our subjects who do not of their own free will and accord agree to swear to the said twenty-five barons, to distrain and distress us together with them, we will compel to do so by our command in the aforesaid manner. ”

“ The pleadings, and the statements of the bill, the verdict, and the judgment, are the only matters that are properly before the court. Depositions, exhibits, or certificates not contained in the bill, cannot be considered by the court. ”

“ Every Court in this Jurisdiction, where two Magistrates are present, may admitt any church members that are fitt, to be Freemen, giving them the Oath, and the Clerke of each Court, shall certify their names to the Secretary at the next General Court. ”

“ When one or more have been substituted in Court to conduct a Suit for another, in the manner before mentioned, whether the one can-230- delegate his authority to another, or whether one of the two can nominate the other, or a third, in his place, or in that of his Principal, to gain or lose for him in that Suit, are points at least questionable. ”

“ The first were adaptations of actions of the jus civile to cases that did not properly fall within them; the second were actions entirely of praetorian devising, for the protection of rights or redress of wrongs unknown to the jus civile. [169]
Utilis actio may be translated as analogous or adapted action, i.e. analogous to a direct action. Where a direct action was Actiones utiles. inapplicable to particular cases or persons, according to the terms of a lex, edict, &c., the praetor frequently adapted the statute, &c., to such cases and persons by granting an actio utilis. ”