Letter to Earl Fitzwilliam Upon the Power of Compelling the Assessment of a Chu
Letter to Earl Fitzwilliam Upon the Power of Compelling the Assessment of a Chu
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( 31 ) mantling them to bury M. G. ) Abbott, C. J. Said, " the ques- tion is, whether this Court can interpose in this particular case, by granting a mandamus, and I am of opinion that it cannot. It may be admitted, for the purpose of the present question, that sepulture in a parish churchyard is a common law right ;(a) but I think that the mode of burial is a subject of ecclesiastical cognizance, and ecclesiastical cognizance only- If a clergyman should obstinately refuse to bury the body of a... parishioner brought to him for interment, / am by no means prepared to say that this Court would not grant a mandamus, commanding him to perform the obsequies of the dead, (b) But in the cases cited, in which the court has interfered by mandamus, the Court was only acting in furtherance and in aid of the ecclesiastical jurisdiction. In some of the cases cited, application was made to this Court to obtain the objects in view with more celerity than they could be obtained by the process of the ecclesiastical jurisdiction, the proceedings of which were more slow in their nature than the proceedings of this Court by the writ of mandamus, to compel the performance of that which was required to be done.
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To quickly assess the difficulty of the text, read a short excerpt:
( 31 ) mantling them to bury M. G. ) Abbott, C. J. Said, " the ques- tion is, whether this Court can interpose in this particular case, by granting a mandamus, and I am of opinion that it cannot. It may be admitted, for the purpose of the present question, that sepulture in a parish churchyard is a common law right ;(a) but I think that the mode of burial is a subject of ecclesiastical cognizance, and ecclesiastical cognizance only- If a clergyman should obstinately refuse to bury the body of a... parishioner brought to him for interment, / am by no means prepared to say that this Court would not grant a mandamus, commanding him to perform the obsequies of the dead, (b) But in the cases cited, in which the court has interfered by mandamus, the Court was only acting in furtherance and in aid of the ecclesiastical jurisdiction. In some of the cases cited, application was made to this Court to obtain the objects in view with more celerity than they could be obtained by the process of the ecclesiastical jurisdiction, the proceedings of which were more slow in their nature than the proceedings of this Court by the writ of mandamus, to compel the performance of that which was required to be done.
What to read after Letter to Earl Fitzwilliam Upon the Power of Compelling the Assessment of a Chu?
You can find similar books in the "Read Also" column, or choose other free books by James Manning to read onlineMoreLess
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