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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Стр. 5
... , aut jure prohibetur.Inft.1.3.1 . ( 1 ) See the Editor's reafons for his difapprobation of this defi- nition of liberty in the note to p . 126 . upon upon every man to be acquainted with thofe at least 6 INTROD . On the STUDY.
... , aut jure prohibetur.Inft.1.3.1 . ( 1 ) See the Editor's reafons for his difapprobation of this defi- nition of liberty in the note to p . 126 . upon upon every man to be acquainted with thofe at least 6 INTROD . On the STUDY.
Стр. 18
... legis habet vigorem , ( Inft . 1. 2. 6. ) the magna charta of the civil law , could never be reconciled with the judicium pa- rium vel lex terræ . C 2 1.2 . This This appears , on the one hand , from the $ 1 . 18 of the LAW .
... legis habet vigorem , ( Inft . 1. 2. 6. ) the magna charta of the civil law , could never be reconciled with the judicium pa- rium vel lex terræ . C 2 1.2 . This This appears , on the one hand , from the $ 1 . 18 of the LAW .
Стр. 58
... Inft . 1. 2. 6 . ( 8 ) An unjuft or flavish refcript may differ in it's nature from fuch a conftitution , but not in it's authority ; for it is one of the fun- damental rules of the civil law , quodcunque imperator per epiftolam ...
... Inft . 1. 2. 6 . ( 8 ) An unjuft or flavish refcript may differ in it's nature from fuch a conftitution , but not in it's authority ; for it is one of the fun- damental rules of the civil law , quodcunque imperator per epiftolam ...
Стр. 71
... Inft . These are cited as 2 , 3 , or 4 Inft . without any author's name . An hono . tary diftinction , which , we obferved , is paid to the works of no other writer ; the generality of reports and other tracts being quoted in the name ...
... Inft . These are cited as 2 , 3 , or 4 Inft . without any author's name . An hono . tary diftinction , which , we obferved , is paid to the works of no other writer ; the generality of reports and other tracts being quoted in the name ...
Стр. 76
... Inft . 62 . n Co. Copy h . § 33 . • Roll . Abr . 565 . I ( 12 ) A cuftom , that poor houfekeepers fhall carry away rotten wood in a chafe is bad , being too vague and uncertain . 2 T.R. 758 . 6. CUSTOMS , 6. CUSTOMS , though established ...
... Inft . 62 . n Co. Copy h . § 33 . • Roll . Abr . 565 . I ( 12 ) A cuftom , that poor houfekeepers fhall carry away rotten wood in a chafe is bad , being too vague and uncertain . 2 T.R. 758 . 6. CUSTOMS , 6. CUSTOMS , though established ...
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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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Стр. 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...
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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...
Стр. 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.