Commentaries on the Laws of England: In Four Books ; with an Analysis of the Work, Том 1S. Sweet, 1836 |
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Стр. xxx
... Lord Mansfield , with whom the elder writers of our law appear never to have ... Coke upon Littleton , who has disappointed and disheartened many a tyro ... Lord Mansfield and Chief Justice Wilmott ; but in what degree the work benefited ...
... Lord Mansfield , with whom the elder writers of our law appear never to have ... Coke upon Littleton , who has disappointed and disheartened many a tyro ... Lord Mansfield and Chief Justice Wilmott ; but in what degree the work benefited ...
Стр. 70
... God " should have led the writer in question to unsatisfac- tory results , when he looked for them ( as , in his note to p . 107 of this volume , he professes to have done ) “ in ... Lord Coke , in his 66 ( w ) Ff . 1. 4. 1 . OF ENGLAND . 70.
... God " should have led the writer in question to unsatisfac- tory results , when he looked for them ( as , in his note to p . 107 of this volume , he professes to have done ) “ in ... Lord Coke , in his 66 ( w ) Ff . 1. 4. 1 . OF ENGLAND . 70.
Стр. 70
... Lord Chief Justice Coke ; a man of infi- nite learning in his profession , though not a little infected with the pedantry and quaintness of the times he lived in , which appear strongly in all his works . However , his writings are so ...
... Lord Chief Justice Coke ; a man of infi- nite learning in his profession , though not a little infected with the pedantry and quaintness of the times he lived in , which appear strongly in all his works . However , his writings are so ...
Стр. 73
... Lord Coke ought never to be forgotten : " That the common law hath no controller in any part of it , but the high court of parliament ; and if it be not abrogated or altered by parliament , it remains still , as Little- ton saith ...
... Lord Coke ought never to be forgotten : " That the common law hath no controller in any part of it , but the high court of parliament ; and if it be not abrogated or altered by parliament , it remains still , as Little- ton saith ...
Стр. 76
... Sir Edward Coke says ( m ) , to be understood of every un- learned man's reason , but of artificial and legal reason ... lord of the manor has first put in his , is unreasonable , and therefore bad : for peradventure the lord will never ...
... Sir Edward Coke says ( m ) , to be understood of every un- learned man's reason , but of artificial and legal reason ... lord of the manor has first put in his , is unreasonable , and therefore bad : for peradventure the lord will never ...
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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.