Commentaries on the Laws of England, Том 1A. Strahan, 1800 |
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Сторінка 76
... writ- ten laws , that either the canon law , or the civil law , have any obligation within this kingdom : neither do their force and efficacy depend upon their own intrinfic authority ; which is the cafe of our written laws , or acts of ...
... writ- ten laws , that either the canon law , or the civil law , have any obligation within this kingdom : neither do their force and efficacy depend upon their own intrinfic authority ; which is the cafe of our written laws , or acts of ...
Сторінка 95
... writs , their customs , and even the language of their laws . Upon which account he supposes the common law of each to have been originally the fame ; especially as their most antient and authentic book , called regiam majefla- tem ...
... writs , their customs , and even the language of their laws . Upon which account he supposes the common law of each to have been originally the fame ; especially as their most antient and authentic book , called regiam majefla- tem ...
Сторінка 96
... writ of fummons as duke of Dover ; the question was again argued on the 18th of December 1719 , and the claim as before difallowed . ( See the argument , P. Wms . 582. ) But in 1782 the duke of Hamilton claimed to fit as duke of Brandon ...
... writ of fummons as duke of Dover ; the question was again argued on the 18th of December 1719 , and the claim as before difallowed . ( See the argument , P. Wms . 582. ) But in 1782 the duke of Hamilton claimed to fit as duke of Brandon ...
Сторінка 96
... writs or proceffes of the courts of Westminster do not usually run into Berwick , any more than the principality of Wales , yet it hath been folemnly adjudged that all prerogative writs ( as thofe of mandamus , prohibition , habeas ...
... writs or proceffes of the courts of Westminster do not usually run into Berwick , any more than the principality of Wales , yet it hath been folemnly adjudged that all prerogative writs ( as thofe of mandamus , prohibition , habeas ...
Сторінка 103
... writ of error ( in the nature of an appeal ) lying from the king's bench in Ireland to the king's bench in England , as the appeal from the chancery in Ireland lies immediately to the house of lords here : it being exprefsly declared ...
... writ of error ( in the nature of an appeal ) lying from the king's bench in Ireland to the king's bench in England , as the appeal from the chancery in Ireland lies immediately to the house of lords here : it being exprefsly declared ...
Загальні терміни та фрази
abfolute act of parliament againſt alfo alſo antient becauſe bishop cafe canon law caufe cauſe civil law clergy commiffion common law confent confequence confideration confifts conftitution corporation court crown cuſtom declared defcend diftinct duty ecclefiaftical Edward Coke eftate election Eliz eſtabliſhed eſtate faid fame fays fecond feems feffion fervant ferve fervice fettled fettlement fhall fheriff fhould fince fir Edward Coke firft firſt fociety fome fometimes ftate ftatute ftill fubject fuch fufficient granted hath heirs Henry Henry VIII himſelf houfe houſe huſband iffue Inft inftance itſelf judges juftice king king's kingdom laft land liberty Litt lord lord Coke mafter marriage ment moft moſt muft muſt nature neceffary obferved occafion parish perfon prefent prerogative prince puniſhment purpoſe queen raiſed reafon refidence refpect reign royal Scotland ſhall Stat ſtate ſuch thefe themſelves theſe thofe thoſe tion ufually univerfal unleſs uſe writ
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Сторінка 40 - 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...
Сторінка 110 - England as by law established : that, in case the crown and imperial dignity of this realm shall hereafter come to any person, not being a native of this kingdom of England, this nation be not obliged to engage in any war for the defence of any dominions or territories which do not belong to the crown of England, without the consent of Parliament...
Сторінка 58 - THE fairest and most rational method to interpret the will of the legislator, is by exploring his intentions at the time when the law was made, by signs the most natural and probable. And these signs are either the words, the context, the subjectmatter, the effects and consequence, or the spirit and reason of the law.
Сторінка 211 - That King James II., 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 vacant.
Сторінка 159 - God, the original of all just power: . . . that the commons of England, in parliament assembled, being chosen by, and representing, the people, have the supreme power in this nation : . . . that whatsoever is enacted, or declared for law, by the commons, in parliament assembled, hath the force of law; and all the people of this nation are concluded thereby, although the consent and concurrence of king, or house of peers be not had thereunto'.
Сторінка 252 - What is done by the royal authority, with regard to foreign powers, is the act of the whole nation; what is done without the king's concurrence is the act only of private men.
Сторінка 295 - Latin thesaurus inventus, which is where any money or coin, gold, silver, plate, or bullion, is found hidden in the earth, or other private place, the owner thereof being unknown; in which case the treasure belongs to the king; but if he that hid it be known, or afterwards found out, the owner, and not the king, is entitled to it.
Сторінка 412 - The necessity of order and discipline in an army is the only thing which can give it countenance, and therefore it ought not to be permitted in time of peace, when the King's Courts are open for all persons to receive justice according to the laws of the land.
Сторінка 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 the 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.
Сторінка 304 - But a man who is born deaf, dumb, and blind, is looked upon by the law as in the same state with an idiot ; he being supposed incapable of any understanding, as wanting all those senses which furnish the human mind with ideas.