Revocation

“ The power of revocation is incident to all agency, unless, in express terms, by the instrument creating it, a different provision is made. The powers, whether of the principal or the agent, in relation to any contract, must be expounded by the principles which govern all contracts. ”

“ Every erasure and interlineation in the deed, by the obligee or appointee, without consent, is a surrender; and a revocation may be implied by law. The passage cited at the bar, from Co. Lit. 232. (a.) establishes, that if the feoffee, by deed of land, grants his deed by parol to the feoffor, it is a surrender of the property, as well as of the deed. And if, in this case, the deed of appointment had been delivered up to the Collector, it would, at once, have operated as a surrender by the Deputy, and a revocation by the Collector. ”

“ It is the intent that gives effect to the acts of parties; nothing was farther from the minds of the parties here, than the distinction of the power of Ustick, as to the eight counties, at the time of this interlineation. The plea avers no such intent, and as well might a delivery of a deed for perusal be tortured into a surrender and extinction of it, and its return into a revocation, as the acts of these parties respecting this interlineation, be construed into a revocation and redelivery. ”

“ Where a testator, with an intent to revoke his will, endeavors to destroy it in some of the modes pointed out, but through the fraud, imposition, or other deception of a person; the act is prevented being completed, it shall not prevent a revocation. ”

“ The main examples of the former class are revocation by burning, tearing, &c., by a later will, or by marriage of the testator (except as below) , incapacity of the testator from insanity, infancy or legal disability (such as being a convict) , undue influence and fraud, any one of which is ground for the court to refuse or revoke probate of a will. A will being ambulatory is always revocable, unless in one or two exceptional instances. Undue influence is a ground upon which frequent attempts are made to set aside wills. ”

“ Power is further conferred upon the orphans' court to revoke the letters at any time on proof that the absentee is in fact alive, the effect of the revocation being to withdraw all the powers conferred by the grant of administration. ”

“ The revocation shall apply only to actions taken after the effective date of this order, and shall not alter the applicability to any violation that occurred before the effective date of this order of any rule, regulation, order, license, or other form of administrative action taken pursuant to Executive Order No. 12779 or Executive Order No. 12853.
Sec. 5.⁠Nothing contained in this order shall create any right or benefit, substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. ”

“ The revocation made by the codicil is but consequent on the gift to the new legatee of 'the' sum 'heretofore in my will bequeathed,' and thus makes it patent that the revocation and the gift are truly one and the same act of volition, and that they arise from and depend one on the other. Which, then, of the two designations in the codicil contained, is the controlling one? or, otherwise stated, which was mistakenly used by the testatrix? ”

“ But I would not press the matter upon you too severely; the reparation shall be left to your own discretion; but you must decide upon what it is to be, before the Court break up.
LATITIA.
⁠Decide so soon! Will not to-morrow do, or the day after to-morrow, or the day after that?
BRIGHTLY.
⁠No, neither to-morrow nor any following morrow will do; you must pronounce your own sentence before the Court break up.
LATITIA (going about in a bewildered manner) .
⁠O, dear! what can I do? what can I say? how shall I decide? ”

“ But, Sir, we must prefer the discharge of our duty unto God, and unto the kingdom, before any other respect whatsoever. And although at this time many of us, if not all of us, are severely threatened by some of your party, what they intend to do, Sir, we do here declare, That we shall not decline or forbear the doing of our duty in the administration of Justice, even to you, according to the merit of your Offence although God should permit those men to effect all that bloody design in hand against us. ”

“ Whosoever shall be aiders or abettors to any such offenders, assisting or comforting them to set forth and extol the said power and ecclesiastical authority of the Bishop of Rome, or to refuse the foresaid oath in form before set down, and shall be lawfully convicted thereof; they shall for the first time lose all their goods and lands, and for the second be condemned to perpetual prison as in the statute of provision or præmunire. ”

“ If he declares the penitent absolved it is as pastor of the flock, and as one officially authorized by the Church to be her mouthpiece for these purposes. The ultimate absolving authority, under GOD, is the Christian Society as a whole. It is a confessor's duty to assure himself of the reality of the penitent's contrition, and to enjoin that restitution or amends shall be made for any wrong which has been done, in all cases in which amends or restitution is possible. ”

“ The motion, therefore, my lords, appears to me neither founded on facts, nor law, nor reason, nor any better grounds than popular caprice, and private malevolence.
If it is contrary to law to punish without proof; if it is not agreeable to reason that one should be censured for the offences of another; if it is necessary that some crime should be proved before any man can suffer as a criminal, then, my lords, I am convinced that your lordships will be unanimous in rejecting the motion. ”

“ One short extract will suffice:—
"The Master said, 'There are three thousand offences against which the five punishments are directed, and there is not one of them greater than being unfilial.
"'When constraint is put upon a ruler, that is the disowning of his superiority; when the authority of the sages is disallowed, that is the disowning of all law; when filial piety is put aside, that is the disowning of the principle of affection. ”

“ If you answer, it was a mere form, you then have no more power, in this respect, than a mere layman; but if you answer, you did receive a power, it must have been, either a declaratory, or a judicial power to forgive sins; if it was only a declaratory power, viz., to declare, that the sinner, would obtain forgiveness if he truly repented, then, any layman, possesses this power without ordination; for any layman, can confidently declare, that penitent sinners are pardoned ”

“ It is not in the nature of law, either human or divine, to redeem the transgressor. Those who transgress the law of this commonwealth, must suffer the full penalty, unless the Governor shall pardon the transgressor. ”

“ We now come to another important word—namely, does the Bible sanction? Sanction! By the term sanction we mean command, consequently the authority of positive, written, divine law, or whatever may be reasonably held as equivalent to such law. It follows, therefore, that toleration is not sanction. Sufferance is not sanction. Municipal legislation is not sanction. An historical statement of prevailing customs is not sanction. A faithful narrative of the life and example of eminent men is not sanction. The remission of penalty is not sanction. ”

“ If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress. ”

“ We err in looking for a visible and material penalty, as if God imposed a fine of mishap for the breach of his statutes. Seldom, says Horace, has penalty lost the scent of crime, yet, on second thought, he makes the sleuth-hound lame. ”

“ The idea of punishment implies on the side of the person punished at once a capacity for determination by the conception of a common or public good, or in other words a practical understanding of the nature of rights as founded on relations to such public good, and an actual violation of a right or omission to fulfil an obligation, the right or obligation being one of which the agent might have been aware and the violation or omission one which he might have prevented. ”

“ But there is a wide difference between a pardon, that is remission of punishment after the fact, and dispensing, which is giving a previous licence to break the law. A general dispensation is, in fact, a repeal, and a particular one is a repeal quod hunc, and therefore can belong only to the legislature. The Roman emperors, and the popes, as legislators, assumed this power, and Henry the Third, an apt pupil of his lord and master the pope, introduced the practice into England. ”

“ As, for example, that if any man shall bring into England or into any of the dominions thereunto belonging, from the Pope of Rome or from any man that hath authority from him, any Bull, writing, instrument, or authority to absolve or reconcile any person, or to promise any such absolution or reconciliation by speech, preaching, teaching, writing, or any other open deed, that then all and every such act or acts, offence or offences, shall be deemed and adjudged by the authority of this Act to be high treason. ”

“ Not that I am to imprison or sentence encomenderos who collect contrary to what I say, for this is your Lordship's duty. Before the tribunal of conscience I must condemn those to make restitution who collect without having the authority to collect, even if it be with the permission of your Lordship; and I must place your Lordship under the same obligation because you gave them such permission. ”

“ Accordingly, we are here confronted with a statute which, by its own words and as applied, purports to punish mere advocacy and to forbid, on pain of criminal punishment, assembly with others merely to advocate the described type of action. ”

“ Having invited judgment on the bare bones of the pleadings which merely raise the validity of the tying clauses, the Government is not entitled to remedies which go beyond the justification of the pleadings. ”

“ If it is at all possible to grant to any one the remission of all penalties whatsoever, it is certain that this remission can be granted only to the most perfect, that is, to the very fewest.
24. It must needs be, therefore, that the greater part of the people are deceived by that indiscriminate and high-sounding promise of release from penalty.
25. The power which the pope has, in a general way, over purgatory, is just like the power which any bishop or curate has, in a special way, within his own diocese or parish. ”

“ And is it not wonderful in any sober eye, how the same persons, magistrates, can be exalted over the ministers and members, as being bound to establish, reform, suppress by the civil sword in punishing the body or goods, and yet for the same actions, if the church and governors thereof so conceive, be liable to a punishment ten thousand times more transcendent, to wit, excommunication, a punishment reaching to their souls, and consciences, and eternal estate ”

“ The qualification that the refusal must be 'willful' fully protects one whose refusal is made in good faith and upon grounds which entitle him to the judgment of the court before obedience is compelled. ”

“ To judge who, for heresy or scandal, shall be punished by the sword, belongeth to none but the magistrate in his own dominions: as to judge who shall have communion or be excommunicated from the church, belongeth, as aforesaid, to the pastors. And the said magistrate hath first as a man his own judgment of discerning what is heresy, and who of his subjects are guilty of it, in order to his public governing judgment. ”

“ In my opinion, my lords, all who have approved the conduct of the present ministry, must necessarily join in rejecting the motion, as cruel and unequitable, and incline to support a just, and continue a wise administration; and all those whom the restless clamours of the opposite party have persuaded to regard them as arbitrary, corrupt, and perfidious, must, if they are true friends to their country, and steady exacters of justice, resolve to defer their compliance, in order to bring to light the evidences necessary for a legal conviction, and severer punishment. ”

“ For if in our courts, when any one is tried for usurpation, or murder, whatever he may be, whether governor, or consul, or what you will, all these dignities fleet away, and he that is convicted suffers the utmost penalty ”

“ Doubtless, honor requires you to resign, if you cannot comply with the terms of your oath; but what right have you to adopt or imagine an alternative in your oath where the law has made none,—where the officer administering it will admit of none? ”

“ Hence, if the whole church, or officers of the church, shall sin against the state, or any person, by sedition, contempt of authority, heresy, blasphemy, oppression, slander, or shall withdraw any of their members from the service of the state without the consent thereof, their persons and estates are liable to civil punishments of magistrates, according to their righteous and wholesome laws, Exod. ”

“ On such occasions passive submission would, on the part of the people, be a breach of their allegiance, and, on our part, treachery and perjury—For the people are bound, by their allegiance, and we are additionally bound by our oaths, to support the Constitution and the State—and we are responsible to the people and to our God for the faithful execution of the trust. ”

“ Rule 6.—If A. give B. the lie, and B. retorts by a blow, (being the two greatest offences,) no reconciliation can take place till after two discharges each, or a severe hit; after which, B. may beg A.'s pardon for the blow, and then A. may explain simply for the lie; because a blow is never allowable, and the offence of the lie therefore merges in it. (See preceding rule.) ”