17 quotes
Old rights must remain: it would be very unreasonable if it should be otherwise.
The Courts can take no notice of anything but what comes judicially before them.
Rex v. Wilkes (1769)
Nothing but what has visible substance, is capable of actual possession.
Dissenting in Millar v Taylor (1769)
Every man has a right to keep his own sentiments if he pleases.
J., dissenting in Millar v. Taylor (1769)
The law is too tenacious of private peace, to suffer litigations to be negotiable.
Dissenting in Millar v Taylor (1769)
The sheriffs of London have been immemorially the sheriff of Middlesex.
Case of John Wilkes (1763)
Great attention and respect is undoubtedly due to the decisions of a Lord Chancellor: but they are not conclusive upon a Court of common law.
Dissenting in Millar v Taylor (1769)
The Court must have ministers : the attornies are its ministers.
Mayor of Norwich v. Berry (1766)
It is proper to inquire into the practice and precedents; and to see whether they have been uniform and concomitant.
Rex v. Wilkes (1769)
No tort is assignable, in law or equity. It is not within any species of action at common law.
Dissenting in Millar v Taylor (1769)
I wish as sincerely as any man, that learned men may have all the encouragements, and all the advantages that are consistent with the general right and good of mankind.
Dissenting in Millar v Taylor (1769)
Every reward has its proper bounds.
Dissenting in Millar v Taylor (1769)
Improvement in learning was no part of the thoughts or attention of our ancestors.
Dissenting in Millar v Taylor (1769)
By the laws of England, there can be no special right, no particular interest or privilege whatever, of perpetual duration, but such as have respect to some kind of inheritance.
J., dissenting in Millar v. Taylor (1769)
The invention of an author is a species of property unknown to the common law of England. Its usages are immemorial; and the views of it tend to the benefit and advantage of the public with respect to the necessaries of life, and not to the improvement and graces of mind.
Dissenting in Millar v Taylor (1769)
Ideas are free. But while the author confines them to his study, they are like birds in a cage, which none but he can have a right to let fly : for till he thinks proper to emancipate them, they are under his own dominion.
Dissenting in Millar v Taylor (1769)
If the custom be general, it is the law of the realm: if local only, it is lex loci, the law of the place. Now, all laws are general, as far as the law extends; and all customs of England are of course, immemorial.1 No usage, therefore, can be part of that law, or have the force of a custom, that is not immemorial.
Dissenting in Millar v Taylor (1769)