Commentaries on the Laws of England: In Four Books ; with an Analysis of the Work, Volume 1S. Sweet, 1836 - Law |
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Page 7
... enact- ments of all our preceding sovereigns , from the date of Magna Charta . ( 18 ) That the whole body of nobility should attain the very high qualifica- tions necessary for the perfect fulfil- ment of such duties as those described ...
... enact- ments of all our preceding sovereigns , from the date of Magna Charta . ( 18 ) That the whole body of nobility should attain the very high qualifica- tions necessary for the perfect fulfil- ment of such duties as those described ...
Page 41
... enact a thing to be done which is un- reasonable , I know of no power in the ordinary forms of the constitution that is vested with authority to control it . " Mr. Christian , in a note which is hereto subjoined , animadverts upon a ...
... enact a thing to be done which is un- reasonable , I know of no power in the ordinary forms of the constitution that is vested with authority to control it . " Mr. Christian , in a note which is hereto subjoined , animadverts upon a ...
Page 50
... enacted greater " altera- tions in the frame of parliaments " than Blackstone , probably , ventured to con- forma laudari facilius quam evenire , vel , si evenit , haud diuturna esse potest . " Ann . 1. 4 .. template ; but not greater ...
... enacted greater " altera- tions in the frame of parliaments " than Blackstone , probably , ventured to con- forma laudari facilius quam evenire , vel , si evenit , haud diuturna esse potest . " Ann . 1. 4 .. template ; but not greater ...
Page 52
... enacted that the king's proclamation should have the force of acts of parliament . " ( See post , Vol . 4 , p . 431 ) . Again , Queen Elizabeth , though she enjoyed during a long reign the affection of her subjects , and her memory is ...
... enacted that the king's proclamation should have the force of acts of parliament . " ( See post , Vol . 4 , p . 431 ) . Again , Queen Elizabeth , though she enjoyed during a long reign the affection of her subjects , and her memory is ...
Page 55
... enacted which can- not deserve conscientious obedience ; and thence to infer that such obedience is not due to any laws merely human . The writer alluded to , seems to be aware that this inference is not likely to be 66 generally ...
... enacted which can- not deserve conscientious obedience ; and thence to infer that such obedience is not due to any laws merely human . The writer alluded to , seems to be aware that this inference is not likely to be 66 generally ...
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Common terms and phrases
act of parliament afterwards antient appointed authority bill bishop Blackstone called canon law chapter church civil law clergy common law consent constitution contract corporations council court court of Chancery courts of equity crown customs death declared descend duty ecclesiastical election Eliz enacted equity established execution granted guardian hath heirs Henry Henry VIII hereditary Hist house of commons house of lords husband Inst Ireland judges jurisdiction jury justice king kingdom knights land laws of England legislature liament liberty Lord Coke marriage matter ment municipal law nation nature oath observed offence parish parlia particular peace peers person prerogative present prince principles privileges prorogation punishment Queen realm reason reign repealed revenue royal rule Scotland servant sheriff Sir Edward Coke Stat statute tion tithes tute unless VIII vote words writ
Popular passages
Page 210 - That king James the Second, having endeavoured to subvert the Constitution of the Kingdom, by breaking the original Contract between king and people, and, by the advice of Jesuits, and other wicked persons, having violated the fundamental Laws, and having withdrawn himself out of the Kingdom, has abdicated the Government, and that the Throne is thereby become vacant.
Page 439 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 412 - That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law.
Page 157 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical, or temporal, civil, military, maritime, or criminal ; this being the place where that absolute despotic power, which must in all governments reside somewhere, is intrusted by the constitution of these kingdoms.
Page 234 - And whereas the laws of England are the birthright of the people thereof, and all the kings and queens who shall ascend the throne of this realm ought to administer the government of the same according to the said laws, and all their officers and ministers ought to serve them respectively according to the same...
Page 41 - Commentaries, remarks, that this law of Nature being coeval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times; no human laws are of any validity if contrary to this, and such of them as are valid derive all their force and all their validity and all their authority, mediately and immediately, from this original...
Page 235 - Will you to the utmost of your power maintain the laws of God, the true profession of the gospel, and the protestant reformed religion established by law ? And will you preserve unto the bishops and clergy of this realm, and to the churches committed to their charge, all such rights and privileges as by law do or shall appertain unto them, or any of them? — King or queen. All this I promise to do.
Page 60 - that whoever drew blood in the streets should be punished with the utmost severity,' did not extend to the surgeon who opened the vein of a person that fell down in the street in a fit.
Page 67 - This unwritten, or common law, is properly distinguishable into three kinds: 1. General customs; which are the universal rule of the whole kingdom, and form the common law, in its stricter and more usual signification. 2. Particular customs; which for the most part affect only the inhabitants of particular districts. 3. Certain particular laws ; which by custom are adopted and used by some particular courts, of pretty general and extensive jurisdiction.
Page 58 - Municipal law, thus understood, is properly defined to be "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong.