Commentaries on the Laws of England, Volume 1R. H. Small, 1825 - Law |
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Page 82
... statute now depends the authority of the canon law in England . ( 11 ) * Burn's eccl . law , pref . viii . x y Statute 25 Hen . VIII . c.19 .; re- vived and confirmed by 1 Eliz . c.1 . The ( 11 ) It is questionable whether this is ...
... statute now depends the authority of the canon law in England . ( 11 ) * Burn's eccl . law , pref . viii . x y Statute 25 Hen . VIII . c.19 .; re- vived and confirmed by 1 Eliz . c.1 . The ( 11 ) It is questionable whether this is ...
Page 83
... statute , makes utterly void all clauses , & c . of every other statute , made since the 20 Hen . 8. " against the supream authority of the pope's holiness , " & c . , or containing any other matter of the same effect only , that is ...
... statute , makes utterly void all clauses , & c . of every other statute , made since the 20 Hen . 8. " against the supream authority of the pope's holiness , " & c . , or containing any other matter of the same effect only , that is ...
Page 85
... statutes are called after the name of the place where the parliament was held that made them ; as the statute of Mer- ton and Marleberge , of Westminster , Gloucester , and Winchester . Others are denominated entirely from their sub ...
... statutes are called after the name of the place where the parliament was held that made them ; as the statute of Mer- ton and Marleberge , of Westminster , Gloucester , and Winchester . Others are denominated entirely from their sub ...
Page 86
... 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 ...
Page 87
... statute 13 Eliz . before mentioned : this was therefore a restraining statute . SECONDLY , the rules to be observed with regard to the construction of statutes are principally these which follow : 1. THERE are three points to be ...
... statute 13 Eliz . before mentioned : this was therefore a restraining statute . SECONDLY , the rules to be observed with regard to the construction of statutes are principally these which follow : 1. THERE are three points to be ...
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Common terms and phrases
act of parliament afterwards antient appointed authority bishop called canon law chapter church civil law clergy common law consent consider constitution contract corporations council courts crown custom declared duty ecclesiastical Edward the Confessor election Eliz enacted established execution father formerly granted guardian hath heirs Henry Henry VIII hereditary Hist house of lords husband Ibid inheritance Inst judges jure jurisdiction justice Justinian king king's kingdom land laws of England legislature letters patent liberty Litt lord magistrate marriage matter ment municipal law nation nature oath observed offence owner parish particular peace peers penalty person prerogative present prince principle privileges privy privy council privy counsellors prorogation punishment queen quod realm reason regard reign repealed revenue royal rule servant sheriff sir Edward Coke Stat statute therein tion tithes unless vested VIII void wreck writ
Popular passages
Page 354 - 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.
Page 127 - J expressly direct, that no man shall be taken or imprisoned by suggestion or petition to the king or his council, unless it be by legal indictment, or the process of the common law. By the petition of right, 3 Car.
Page 383 - For this reason, a man cannot grant anything to his wife, or enter into covenant with her: for the grant would be to suppose her separate existence; and to covenant with her, would be only to covenant with himself...
Page 6 - a liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws"; but freedom of men under government is to have a standing rule to live by, common to every one of that society and made by the legislative power erected in it, a liberty to follow my own will in all things where the rule prescribes not, and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man; as freedom of nature is to be under no other restraint but the law of nature.
Page 47 - ... the whole should protect all its parts, and that every part should pay obedience to the will of the whole; or, in other words, that the community should guard the rights of each individual member, and that (in return for this protection) each individual should submit to the laws of the community; without which submission of all it was impossible that protection could be certainly extended to any.
Page 227 - 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...
Page 123 - This natural liberty consists properly in a power of acting as one thinks fit, without any restraint or control, unless by the law of nature;' being a right inherent in us by birth, and one of the gifts of God to man at his creation, when he endued him with the faculty of free will.
Page 58 - 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.
Page 200 - recognize and acknowledge, that immediately upon the dissolution and decease of Elizabeth, late queen of England, the imperial crown thereof did by inherent birthright, and lawful and undoubted succession, descend and come to his most excellent majesty, as being lineally, justly, and lawfully, next and sole heir of the blood royal of this realm.
Page 127 - Law of the Land. IV. And in the eight and twentieth Year of the Reign of King Edward the Third, it was declared and enacted by Authority of Parliament, That no Man of what Estate or Condition that he be, should be put out of his Land or Tenements, nor taken nor imprisoned, nor disherited, nor put to Death, without being brought to answer by due Process of Law : V.