Readings Delivered Before the Honourable Society of the Middle Temple, in the Year 1850 |
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... LAW OF ENGLAND , COMMENTARIES ON THE MODERN CIVIL LAW , A DISSERTATION ON THE STATUTES OF THE ITALIAN CITIES , ETC. LONDON : V. & R. STEVENS AND G. S. NORTON , Law Booksellers and Publishers , ( Successors to the late J. & W. T. CLARKE ...
... LAW OF ENGLAND , COMMENTARIES ON THE MODERN CIVIL LAW , A DISSERTATION ON THE STATUTES OF THE ITALIAN CITIES , ETC. LONDON : V. & R. STEVENS AND G. S. NORTON , Law Booksellers and Publishers , ( Successors to the late J. & W. T. CLARKE ...
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... legal learning , which is scattered about in various books , some of them not easily obtained nor usually read ... English language . This subject is important , not only because the Canon Law is the mother of the Queen's Ecclesiastical Law.
... legal learning , which is scattered about in various books , some of them not easily obtained nor usually read ... English language . This subject is important , not only because the Canon Law is the mother of the Queen's Ecclesiastical Law.
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George Bowyer. Canon Law is the mother of the Queen's Ecclesiastical Law , and to a considerable extent part and parcel of the Law of England — which has also derived therefrom some of her own doctrines , -but also as a great and ...
George Bowyer. Canon Law is the mother of the Queen's Ecclesiastical Law , and to a considerable extent part and parcel of the Law of England — which has also derived therefrom some of her own doctrines , -but also as a great and ...
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... England ought to be enlarged . It is indeed obvious that when other sciences ... law must fall below her high dignity if she be confined within the mere ... laws which ought to be maintained , and usefully reform those which require ...
... England ought to be enlarged . It is indeed obvious that when other sciences ... law must fall below her high dignity if she be confined within the mere ... laws which ought to be maintained , and usefully reform those which require ...
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... Law and the writings of the jurists . And the science of jurisprudence must be most valuable to a judge , where he ... English authorities on the ques- tion in dispute . But there are principles in the Roman Civil Law ( in the titles on ...
... Law and the writings of the jurists . And the science of jurisprudence must be most valuable to a judge , where he ... English authorities on the ques- tion in dispute . But there are principles in the Roman Civil Law ( in the titles on ...
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according Act of Parliament arbitrary laws arise authority belong bishop Blackstone branch called Canon Law Church Civil Law civilians Common Law constitution construed Corpus Juris Canonici Courts criminal Cujac Cujacius Decretals derived Devoti distinction Divine Law doctrine Domat Droit Rom duties Eccles Ecclesiastical Law English Law equity favour Gratian human immutable laws Inst instance Instit institutions intention interpretation judges judicial jurisdiction jurisprudence justice Justinian Law of England lawyer learned Legib legislative legislature Litt Lord Coke matters meaning ment moral Municipal Law Natural Law necessary obligation observes offence Pandects Papinian particular parties persons political Pope positive laws principles public law punishment quæ quod reason reference regard regulated Reiffenstuel remedy Roman Law rule sacraments Savigny says shows society spirit statute temporal theft things tion ubi supra Ulpian whereby words
Popular passages
Page 85 - law itself, (says he,) [*91] you at the same time repeal the prohibitory clause, which guards against such repeal ( />)." 10. Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void (32).
Page 83 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like.
Page 62 - As if land be vested in the king and his heirs by act of parliament saving the right of A. and A. has at that time a lease of it for three years: here A. shall hold it for his term of three years, and afterwards it shall go to the king.
Page 121 - The great end for which men entered into society was to secure their property. That right is preserved sacred and incommunicable in all instances where it has not been taken away or abridged by some public law for the good of the whole.
Page 59 - ... how are these customs or maxims to be known, and by whom is their validity to be determined ? The answer is, by the judges in the several courts of justice. They are the depositaries of the laws ; the living oracles, who must decide in all Cases of doubt, and who are bound by an oath to decide according to the law of the land.
Page 112 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons : as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit ?" In answer to which question, assuming...
Page 49 - For if a man purchase lands by these words, 'to have and to hold to him for ever; ' or by these words, 'to have aad to hold to him and his assigns for ever;' in these two cases he hath but an estate for term of life, for that there lack these words, ' his heirs,' which words only make an estate of inheritance in all feoffments and grants;
Page 59 - ... in that case being solemnly declared and determined, what before was uncertain, and perhaps indifferent, is now become a permanent rule which it is not in the breast of any subsequent judge to alter or vary from according to his private sentiments ; he being sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land ; not delegated to pronounce a new law, but to maintain and expound the old one.
Page 59 - THE doctrine of the law then is this : that precedents and rules must be followed, unless flatly absurd or unjust : for though then- reason be not obvious at first view, yet we owe such a deference to former times as not to suppose that they acted wholly without consideration.
Page 115 - That every such action shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused...