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The very phraseology of this statute indicates the antiquity of the doctrine that tolls must be reasonable; but "toll" was always a technical term, not for ordinary prices of commodities, but for a use or service which was in some way dependent upon law or ordinance.
Do they mean to invalidate, annul, or to call into question, together with the titles of the whole line of our kings, that great body of our statute law which passed under those whom they treat as usurpers? to annul laws of inestimable value to our liberties, of as great value at least as any which have passed at or since the period of the Revolution?
It should also be borne in mind, that the statute is penal, and for that reason must be construed, strictly, in favor of liberty. But I will now proceed to inquire whether there has been any reviling in the sense of the statute. Who was intended to be protected against injurious language? Reasonable beings only, certainly.
Even if merely ill-reputed, they must be examined, and if found innocent cleared; if not, punished according to the statute. Our sovereign lord the king holdeth witches in especial abhorrence, and would gladly see all such noxious vermin extirpated from the land, and it will rejoice me to promote his laudable designs.
That which is most certain in this affair is, that they had committed no overt act, indicating the imagining of the king's death, even according to the most strained construction of the statute of Edward III.; much less was any such act legally proved against them.
There is no doubt that a school of learning is a charity. It is one of those mentioned in the statutes. Such a school of learning as was contemplated by the statutes of Elizabeth is a charity; and all such have borne that name and character to this day. I mean to confine myself to that description of charity, the statute charity, and to apply it to this case alone.
It was done by a section prohibiting the importation of slaves by sea or land, preceded by the following preamble: 'And whereas the increase of slaves in this state is injurious to the poor, and inconvenient, Be it therefore enacted. Another section of the same statute, he said, was preceded by the following words: 'And whereas sound policy requires that the abolition of slavery should be effected, as soon as may be consistent with the rights of individuals, and the public safety and welfare, Be it enacted, etc.
All which persons having such estate as aforesaid are hereby enabled and made liable to be returned and serve as jurors for the trial of issues before the justices aforesaid, any law or statute to the contrary in any wise notwithstanding," 16 and 17 Charles II., ch. 5.
The first of these was established in London so early as the reign of Henry VIII., by an act of their common council; which, however, was certainly insufficient for that purpose, and illegal, till confirmed by statute 3 Jac. I., ch. 15, which has since been explained and amended by statute 14 Geo. II., ch. 10.
Pusey that he might have a hearing. The Six Doctors were appointed, five of them being Dr. Hawkins, Dr. Symons, Dr. Jenkyns, Dr. Ogilvie, Dr. Jelf; the Statute said the Regius Professor was, if possible, to be one of the number; as he was under the ban of a special Statute, he was spared the task, and his place was taken by the next Divinity Professor, Dr.
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