Quote#Wisdom
The Court must have ministers : the attornies are its ministers
Quote byJoseph Yates · 1722–1770
Commonly attributed — not confirmed in an authoritative edition. Cited on Wikiquote to: Mayor of Norwich v. Berry (1766), 4 Burr. Part IV., p. 2115..
English (original)
The Court must have ministers : the attornies are its ministers.
— Joseph Yates
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The Courts can take no notice of anything but what comes judicially before them.
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, …
The sheriffs of London have been immemorially the sheriff of Middlesex.
Old rights must remain: it would be very unreasonable if it should be otherwise.
It is proper to inquire into the practice and precedents; and to see whether they have been uniform and concomitant.
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.