DE LOLME-continued. Stated account cannot be unravelled, 753 Specific Performance of Agreements, 753—756 Effect of a mere contract for the purchase of land is, in many respects, An agreement to be specifically performed must be according to the Part performance of an agreement, will, in some cases, cause equity to What is considered a part performance of an agreement, 754 Agreements respecting personal chattels rarely enforced, 754, 755 Transfer of stock, 755 Purchase of a debt, 755 Partners, 755 He that hath committed iniquity, shall not have equity, 756 Trusts, 756-757 Principles under which courts of equity have assumed a jurisdiction in cases of trust, 756 Express and implied trusts, 757 Cestui que trust, entitled to the aid of a court of equity, 757 A trust is, a right in the cestui que trust to receive the profits, 757 Express trusts created by deed, 757 Infants, 757, 758 Removal of a child from its parents, 758 The court retains its jurisdiction over the property of a ward of court after twenty-one, 758 Punishment for marrying a ward of court, 758 Statutable Jurisdiction, 758 Commission of Review, 758 Bankruptcy, 759 Lunatics, 759-762 Persons and estates of lunatics confided to the chancellor, 759 Appointment of committee, 759 Idiots and lunatics sue by their committees, 759 Rules of law and equity are the same as to what amounts to insanity, Motives by which the court is influenced in the issuing of a commission Persons who are generally appointed the committee of a lunatic, 760 Allowance decreed to junior members of a lunatic's family, 760, 761 Assistance given to collateral relations, 761 No remuneration allowed to the committee of a lunatic, 761 Comfort and benefit of the lunatic the great object of the court, 761 Every act of a lunatic, subsequent to the period at which he is proved to be a lunatic, is void, 762 Acts done during a lucid interval are valid, 762 Party desirous of enforcing a contract, must show it was executed Charities, 762, 763 Breaches of trust (52 George III. c. 101), 763 Habeas Corpus Act, 763 Writ of habeas corpus demandable of right from the chancellor, 763 Friendly Society Act (3 George IV. c. 54; 1 William IV. c. 60), 763 Justices displaced at the discretion of the chancellor, 764 Justices can only be punished in the Court of King's Bench, 764 INDEX. Criminal Justice, CHAPTER XII., 765–774 Criminal justice essentially interests the security of individuals, 765 The law proscribes the attempt of resistance, 766 Absolute will of the prince spreads universal oppression, 766 That portion of public authority deposited with the ministers of law as the instrument of national tranquillity, is a formidable weapon, 767 The happiest dispositions are not proof against the allurements of power, 768 Powers of a people can only be effectual as they are brought into action by private individuals, 768 The sovereign should be careful that he does not attempt to rule by military power, 769 Prerogative of dispensing judgments, 769 If the judicial authority were lodged in the legislature, great inconvenience must ensue, 770 The judicial power ought to reside in a subordinate and dependant body, 776 In a limited monarchy the powers of the state should be confined to the end of their institution, 771 Evils of secret tribunals, 772, 773 Security of the individual, and consciousness of that security, essential to the enjoyment of liberty, 773 Judicial authority ought not to reside in an independent body, 774 The accused ought to be provided with all possible means of defence, 774 Judicial power is a necessary evil, 774 Criminal Justice, CHAPTER XIII., 775-787 Duties of justices of the peace, 775 The grand jury, 775, 776 Arraignment of the prisoner, 776 The petit jury, 776 Challenge to the array, 776, 777 Challenge to the polls, 777 Propter honoris respectum, 777 Propter defectum, 777 Propter delictum, 777 Propter affectum, 777 Peremptory challenge, 777 Witnesses deliver their evidence in the presence of the prisoner, 777, 778 Prisoner can be heard by his counsel, 778 High treason, proceedings in, 778, 779 Duties of the judge, 779 Verdict of the jury, 779 Unanimity of the jury, 779 The accused are guarded against all decisions from men invested with any permanent official authority, 779, 780 Jury must pronounce both on the commission of a certain fact, and on the reason which makes such fact to be contrary to law, 780 Juries are uncontrollable in their verdicts, 781 General duties of jurors, 781 Effect of a verdict of guilty or not guilty, 781, 782 Rejection of the punishment of torture, 782 Publicity of the trials of criminals, 783 Inflexibility of the law, 783 The executive powers restrained by the trial by jury, 784 Advantages derived from the extensive right of challenging, 784, 785 The grand jury, 785 Witnesses must deliver their evidence in the presence of the prisoner, 786 INDEX. DE LOLME-continued. The petty jury, 786 Special verdict, 786 A man when once acquitted, can never be tried again for the same offence, 786, 787 Criminals not punished with undue severity, 787 NOTES TO CHAPTER XIII. 787–799 TRIAL BY JURY, 787 The wisest laws are vain and ineffectual, without certain modes of inves- The English law has defined, distinguished, and applied legal conse- Power of discriminating between truth and falsehood, depends upon an Origin of trial by jury, 788 An appeal from the " Patria," to a select number, was a practice of Duties of juries, temp. Henry III., 788, 789 Absolute certainty is not essential to satisfy the mind of the jury, 789 Artificial evidence, 790 Legal presumptions, 790 Conventional evidence, 790 Natural evidence, 790 Allegations upon the record, 790 The court can only adjudge upon such facts as have been found by a General restrictions on juries, 791 A juror cannot give a verdict upon his private knowledge, 791 Evidence admitted for one purpose, may be no evidence for another Jury must find facts, not mere evidence, 791, 792 The court cannot pronounce judgment on a verdict of mere evidence, 792 The law cannot in general prescribe what shall be reasonable time, 793 Test of deciding whether a general inference as to reasonable time, be Reasonable time, where a question of law, 794 Reasonable time, &c., where a question of fact, 794 Inference of fraud is sometimes a question of law, at other times a Inference as to malice and intention, 795 Inference of negligence, &c., 795 Reputed ownership, 795 Collateral matters of law arising in the course of a trial, 796 Construction of written documents is a matter of pure law, except when the meaning is to be judged of by the aid of extrinsic circum- Province of the jury to draw the proper conclusion in fact from mere Advantages resulting from the institution of juries, 799 The only sure guide to truth is reason, aided by experience, 799 g INDEX. DE LOLME-continued. Trial by jury constitutes the strongest security to the liberties of the people, 799 Laws relative to Imprisonment, CHAPTER XIV., 800—804 Enlargement upon bail, 800 It is against the executive power that the legislature has directed its Writs of mainprize, de odio et atia, and de homine replegiando, 800 Petition of Right, 801 Evasion of 16 Charles I. c. 10, by connivance of the judges, 802 Stat. 31 Charles II. c. 2, p. 802, 803 Bringing up the prisoner under the writ of habeas corpus, 802 Officer neglecting to make a due return, 802, 803 A person once delivered by habeas corpus, cannot be recommitted, 803 Judges denying the writ of habeas corpus subject to penalties, 803 A VIEW OF THE ADVANTAGES OF THE ENGLISH GOVERNMENT, and of the Unity of the Executive Power, CHAPTER I., 805-817 Nature and functions of the constituent parts of government, 805 The people possess the reality of power, 806 Every individual aims at the exercise of a share of power, 806 Popular favourites ultimately become the masters of the people, 807 In all states destructive families arise, who are the bane and ruin of them, The English constitution has avoided numerous and general assemblies, 809 Executive power vested in the king, 810 The royal power ensures a salutary steadiness to the vessel of the state, 810 The nobility dwindle almost to nothing, in comparison with the splendour of the throne, 811 The bare advantage of high birth, has no other foundation than public opinion, 811, 812 The only door which the constitution leaves open to the ambition of any man, is a place in the administration during the pleasure of the king, 812 Power of a popular leader is destroyed by the privileges of the peerage, The first commoner possesses greater authority as such, than a peer, 814 The reward which the constitution prepares for the favourite of the The laws of England open no door to those accumulations of power which have destroyed so many republics, 815, 816 Stability which the power of the crown gives to the state, 816 People of England not tied down to inaction by the nature of their government, 817 The Executive Power is more easily confined when it is one, CHAPTER II., 818-820. Advantages that are derived from the union of the executive authority, 818 Tyranny under the Romans, 818 Indivisibility of the public power has kept the views and efforts of the people directed to one object, 819 DE LOLME-continued. Every national calamity has served to procure a new bulwark for public Executive power is formidable, but its nature is known, 820 For securing the constitution of a state, it is necessary to restrain the Advantages of the legislature being divided into three parts, 821 The establishment of the right of the strongest, would arise from a That the laws of a state may be permanent, the legislative power should Permanent character of the political laws of England, 823 Inequalities of the several parts of the legislature have been made up by Privileges of the lords and commons, 825 Conferences between the lords and commons, 825 The lords are members of the legislature by virtue of a right inherent in Balance of the legislature, 826, 827 The business of proposing Laws lodged in the hands of the People, In the ancient free states, the share of the people in legislation, was to The commons are sole judges of the ways and means of raising sub- The executive cannot propose laws and remedies, 832 In ancient governments the executive was in a state of dependance on King of England unites in himself the whole public power and majesty, Limitations on the prerogative, 834 An Inquiry made, whether it would be an Advantage to Public Liberty, The word "liberty" is one of those which have been most misunder- Governments of Sparta and Rome misapprehended the only rational Neither did they understand the true end of the particular institutions by "A man who contributes by his vote to the passing of a law, has himself The citizen must trust other persons for the execution of those things Liberty defined, 838 To concur, by suffrage, in the enactment of laws, is to enjoy a share of In the first formation of civil society, the several duties which every The multitude, in consequence of their being a multitude, are incapable Resolutions of an assembly of the people, are determined by reasons INDEX. |