Commentaries on the Laws of England: In Four Books ; with an Analysis of the Work, Том 1S. Sweet, 1836 |
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Стр. 71
... statute law is the will of the legislature in writing ; the common law is nothing else but sta- tutes worn out by time . All our law began by consent of the legislature , and whether it is now law by usage or writing is the same thing ...
... statute law is the will of the legislature in writing ; the common law is nothing else but sta- tutes worn out by time . All our law began by consent of the legislature , and whether it is now law by usage or writing is the same thing ...
Стр. 75
... statute itself is a proof of a time when such a custom did not exist ( i ) . ( i ) Co. Litt . 113 . 2. Uninterrupted , 3. Acquiesced in , 4. Reasonable ,. For which reason land or water , if such rights have been enjoyed twenty years ...
... statute itself is a proof of a time when such a custom did not exist ( i ) . ( i ) Co. Litt . 113 . 2. Uninterrupted , 3. Acquiesced in , 4. Reasonable ,. For which reason land or water , if such rights have been enjoyed twenty years ...
Стр. 83
... statute law . * Let us next proceed to the leges scriptæ , the written laws of [ * 85 ] the kingdom , which are statutes , acts , or edicts , made by the king's majesty , by and with the advice and consent of the lords spiritual and ...
... statute law . * Let us next proceed to the leges scriptæ , the written laws of [ * 85 ] the kingdom , which are statutes , acts , or edicts , made by the king's majesty , by and with the advice and consent of the lords spiritual and ...
Стр. 84
... statute being particularly pleaded , or formally set forth by the party who claims an advantage under it . Special or private acts are rather exceptions than rules , being those which only operate upon particular persons , and private ...
... statute being particularly pleaded , or formally set forth by the party who claims an advantage under it . Special or private acts are rather exceptions than rules , being those which only operate upon particular persons , and private ...
Стр. 85
... statute 5 Eliz . c . 11 , to make it high treason ( 31 ) , which it was not at the common law ; so that this was an enlarging statute ( 32 ) . At common law also spiritual corporations might lease out [ * 67 ] Enlarging and restraining ...
... statute 5 Eliz . c . 11 , to make it high treason ( 31 ) , which it was not at the common law ; so that this was an enlarging statute ( 32 ) . At common law also spiritual corporations might lease out [ * 67 ] Enlarging and restraining ...
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Часто встречающиеся слова и выражения
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
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Стр. 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.
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 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...
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 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.
Стр. 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.