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Updated: June 13, 2025
After this the exile invented numerous excuses to call, till Mariquita's mother finally agreed to his union with her daughter. His political disability made him out of favor with the State church, the only place in which people could be married then, but Mariquita became what in English would be called a common-law wife.
The oculist and the aurist, and the odontalgist and the pedicurist, all are suggestive of various local sufferings, by which they bound their skill; and so, the equity lawyer and the common-law lawyer, the special pleader and the bar orator, have subdivided knavery, without diminishing its amount.
But people who were legally married objected to this view, and said to recognize children born out of wedlock as entitled to all the privileges of citizenship is virtually to do away with legal marriage. As a compromise, Marcus decided to recognize all people as married who said they were married. This is exactly our common-law marriage as it exists in various States today.
What strange, dark fancies are connected with the very language of common-law indictments, when grand juries find under oath that the offence complained of has been committed "at the instigation of the Devil"! How hardly effaced are the impressions of childhood!
This court has a power of scent unknown to the Common-law practitioners, and slowly yet surely tracks its game; even as the great lumbering dogs, now introduced from Spain, and called by some people 'pointers, differ from the swift gaze-hound, who sees his prey and runs him down in the manner of the common lawyers.
In the place of Mexican law each alcalde attempted to substitute his own sense of justice and what recollection of common-law principles he might be able to summon. These common-law principles were not technical in the modern sense of the word, nor were there any printed or written statutes containing them.
It has been held in the case referred to that as the Supreme Court of the United States is by the Constitution rendered incompetent to exercise this power, and as the circuit court of this District is a court of general jurisdiction in cases at common law, and the highest court of original jurisdiction in the District, the right to issue the writ of mandamus is incident to its common-law powers.
Coming finally to what most persons consider the most important line, that of strikes, boycotts, and intimidation, the legislation of the Continent of Europe where common-law principles of individual liberty do not interfere, is, of course, far more complex and far more effective than that of either England or the United States. The principle of combination we leave for the next chapter.
The safety of merchant strangers is provided for, and it is again made a felony for the king's subjects to export wool; and more important still, all merchants coming to the staple and matters therein "shall be ruled by the Law-Merchant and not by the common Law of the Land nor by Usage of Cities, Boroughs or other Towns," and any plaintiff is given the option whether he will sue his action or quarrel before the justices of the staple by the law thereof, or in the common-law court.
The law so far dates from the 15th of Henry VI; but the present act goes on to provide that "no masters, fellowships of crafts or rulers of guilds or fraternities make any acts or ordinances against the common profit of the people but with the examination and approval of the Chancellor and Chief Justice of England, and that there shall never be any by-law to restrain any person from suits in the common-law courts."
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