Commentaries on the Laws of England,: In Four Books, Том 1A. Strahan and W. Woodfall, law-printers to the King's most excellent Majesty, 1793 |
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Сторінка 91
... son became , as a matter of course ( 1 ) , their titular prince ; the territory of Wales being then en- tirely re - annexed ( by a kind of feodal resumption ) to the dominion of the crown of England ; or , as the ftatute ( 2 ) of ...
... son became , as a matter of course ( 1 ) , their titular prince ; the territory of Wales being then en- tirely re - annexed ( by a kind of feodal resumption ) to the dominion of the crown of England ; or , as the ftatute ( 2 ) of ...
Сторінка 199
... son , was kept out of poffeffion by the arts and violence of his bre- thren ; who perhaps might proceed upon a notion , which pre- vailed for fome time in the law of defcents , ( though never adopted as the rule of public fucceffions ) ...
... son , was kept out of poffeffion by the arts and violence of his bre- thren ; who perhaps might proceed upon a notion , which pre- vailed for fome time in the law of defcents , ( though never adopted as the rule of public fucceffions ) ...
Сторінка 200
... son of a daughter . So that Ste phen was little better than a mere ufurper ; and therefore he rather chofe to rely on a title by election " , while the empress Maud did not fail to affert her hereditary right by the sword : which ...
... son of a daughter . So that Ste phen was little better than a mere ufurper ; and therefore he rather chofe to rely on a title by election " , while the empress Maud did not fail to affert her hereditary right by the sword : which ...
Сторінка 201
... son of John : and from him to Richard the fecond , a fucceffion of fix generations , the crown defcended in the true hereditary line . Under one of which race of princes we find it declared in parliament , " that the " law of the crown ...
... son of John : and from him to Richard the fecond , a fucceffion of fix generations , the crown defcended in the true hereditary line . Under one of which race of princes we find it declared in parliament , " that the " law of the crown ...
Сторінка 223
... son of a king , yet it is not neceflary that he fhould be born after his fa- ther's acceffion to the throne . " " This is a ftrange fpecies of inheritance , and perhaps is the only mode of defcent which depends upon the authority of a ...
... son of a king , yet it is not neceflary that he fhould be born after his fa- ther's acceffion to the throne . " " This is a ftrange fpecies of inheritance , and perhaps is the only mode of defcent which depends upon the authority of a ...
Загальні терміни та фрази
abfolute act of parliament againſt alfo alſo antient arifes becauſe bishop cafe canon law caufe cauſe civil law clergy commiffion common law confent confequence confideration confidered confifts conftitution court crown cuſtoms declared defcended diftinct duty ecclefiaftical Edward Edward Coke eftate election Eliz eſtabliſhed exprefs faid fame fays fecond feems feffion fervant ferve fervice fettled fhall fheriff fhould fince firft firſt fociety fome fometimes ftate ftatute ftill fubject fucceffion fuch fufficient granted hath heir Henry Henry VIII himſelf houfe houſe iffue Inft inftance itſelf judges juftice jurifdiction king king's kingdom laft land laws of England liberty Litt lord lord Coke mafter marriage ment moſt muſt nature neceffary obferved occafion parish perfon prefent prerogative prince puniſhment purpoſes queen reafon refidence refpect reign revenue royal ſhall Stat ſtate ſtill ſuch thefe themſelves theſe thofe thoſe tion ufually univerfal unleſs uſe writ
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Сторінка 38 - 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 104 - 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 197 - 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 this kingdom ; has abdicated the government, and that the throne is thereby vacant.
Сторінка 82 - I know of no power in the ordinary forms of the constitution that is vested with authority to control it; and the examples usually alleged in support of this sense of the rule do none of them prove, that, where the main object of a statute is unreasonable, the judges are at liberty to reject it; for that were to set the judicial power above that of the legislature, which would be subversive of all government.
Сторінка 223 - 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 61 - ... 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.
Сторінка 178 - ... virtually engaged to submit. Whereas, in the great and independent society, which every nation composes, there is no superior to resort to but the law of nature: no method to redress the infringements of that law, but the actual exertion of private force.
Сторінка 394 - ... unsupported by any statute, and founded only upon immemorial usage. This question, long agitated, with great heat and resentment on both sides, became at length the immediate cause of the fatal rupture between the king and his parliament ; the two houses not only denying this prerogative of the crown, the legality of which perhaps might be somewhat doubtful ; but also seizing into their own hands the entire power of the militia, the illegality of which step could never be any doubt at all.
Сторінка 48 - It can therefore be no otherwise produced than by a political union ; by the consent of all persons to submit their own private wills to the will of one man, or of one or more assemblies of men, to whom the supreme authority is entrusted...
Сторінка 58 - I therefore style these parts of our law leges non scriptae, because their original institution and authority are not set down in writing as acts of parliament are, but they receive their binding power and the force of laws by long and immemorial usage, and by their universal reception throughout the kingdom.