Commentaries on the Laws of England,: In Four Books, المجلد 1A. Strahan and W. Woodfall, law-printers to the King's most excellent Majesty, 1793 |
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الصفحة
... hath given a beauty and energy to many modern judicial decifions , with which our ancestors were wholly unacquainted . If , in the purfuit of thefe inquiries , the author bath , been able to rectify any errors which either himself or ...
... hath given a beauty and energy to many modern judicial decifions , with which our ancestors were wholly unacquainted . If , in the purfuit of thefe inquiries , the author bath , been able to rectify any errors which either himself or ...
الصفحة
... hath left and fhall leave the book to defend itself : being fully of opinion , that if his principles be falfe and his doctrines unwarrantable , no apology from him- felf can make them right ; if founded in truth and rectitude , no ...
... hath left and fhall leave the book to defend itself : being fully of opinion , that if his principles be falfe and his doctrines unwarrantable , no apology from him- felf can make them right ; if founded in truth and rectitude , no ...
الصفحة 12
... hath ever been , esteemed dishonourable in those , who are entrusted by their country to maintain , to adminifter , and to amend them . BUT furely there is little occafion to enforce this argu ment any farther to perfons of rank and ...
... hath ever been , esteemed dishonourable in those , who are entrusted by their country to maintain , to adminifter , and to amend them . BUT furely there is little occafion to enforce this argu ment any farther to perfons of rank and ...
الصفحة 18
... hath never been unto this hour , neither by the consent of " our lord the king and the lords of parliament fhall it ever [ 20be , ruled or governed by the civil law . " And of this temper between the clergy and laity many more inftances ...
... hath never been unto this hour , neither by the consent of " our lord the king and the lords of parliament fhall it ever [ 20be , ruled or governed by the civil law . " And of this temper between the clergy and laity many more inftances ...
الصفحة 32
... hath formed both his fentiments and style , by perufal and imitation of the pureft claffical writers , among whom the hiftorians and orators will be deferve his regard ; if he can reafon with precifion , and feparate ar- gument from ...
... hath formed both his fentiments and style , by perufal and imitation of the pureft claffical writers , among whom the hiftorians and orators will be deferve his regard ; if he can reafon with precifion , and feparate ar- gument from ...
عبارات ومصطلحات مألوفة
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
مقاطع مشهورة
الصفحة 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...
الصفحة 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...
الصفحة 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.
الصفحة 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.
الصفحة 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.
الصفحة 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.
الصفحة 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.
الصفحة 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.
الصفحة 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...
الصفحة 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.