Commentaries on the Laws of England: In Four Books, Volumes 1-4A. Strahan and W. Woodfall, law-printers to the King, 1791 - Droit |
From inside the book
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Page 39
... manner , and guided by unerring rules laid down by the great creator . THIS then is the general fignification of law , a rule of action dictated by fome fuperior being : and , in those crea- tures that have neither the power to think ...
... manner , and guided by unerring rules laid down by the great creator . THIS then is the general fignification of law , a rule of action dictated by fome fuperior being : and , in those crea- tures that have neither the power to think ...
Page 42
... manners , to discover and enforce it's laws by an immediate and direct revelation . The doctrines thus delivered we call the revealed or divine law , and they are to be found only in the holy fcriptures . These precepts , when revealed ...
... manners , to discover and enforce it's laws by an immediate and direct revelation . The doctrines thus delivered we call the revealed or divine law , and they are to be found only in the holy fcriptures . These precepts , when revealed ...
Page 45
... manner in which this notification is to be made , is matter of very great indifference . It may be notified by univerfal tradition and long practice , which fuppofes a previous publication , and is the cafe of the common law of England ...
... manner in which this notification is to be made , is matter of very great indifference . It may be notified by univerfal tradition and long practice , which fuppofes a previous publication , and is the cafe of the common law of England ...
Page 46
... manner ; not like Caligula , who ( according to Dio Caffius ) wrote his laws in a very small character , and hung them up upon high pillars , the more effectually to enfnare the people . There is ftill a more unreasonable method than ...
... manner ; not like Caligula , who ( according to Dio Caffius ) wrote his laws in a very small character , and hung them up upon high pillars , the more effectually to enfnare the people . There is ftill a more unreasonable method than ...
Page 53
... manner each perfon is to moderate the use and exercife of those rights which the ftate affigns him , in order to promote and fecure the public tran- quillity . FROM what has been advanced , the truth of the former branch of our ...
... manner each perfon is to moderate the use and exercife of those rights which the ftate affigns him , in order to promote and fecure the public tran- quillity . FROM what has been advanced , the truth of the former branch of our ...
Common terms and phrases
abfolute act of parliament againſt alfo alſo antient arifes becauſe bishop cafe canon law caufe cauſe civil law commiffion common law confent confequence confider confideration confifts conftitution corporation courts crown cuſtoms declared defcended diftinct duty ecclefiaftical eftate election Eliz enacted Engliſh eſtabliſhed faid fame fecond feems fervant ferve fettled feven fhall fheriff fhould fince fir Edward Coke firft firſt fociety fome fometimes ftate ftatute ftill fubject fucceffion fucceffor fuch fufficient hath heirs Henry Henry VIII hereditary himſelf houfe houſe iffue Inft inftance itſelf juftice king king's kingdom land laws of England leaſt liberty Litt lord mafter marriage ment moft moſt muſt nature neceffary obferved occafion otherwife pariſh perfon prefent prerogative prince puniſhment purpoſes queen reafon refide refpect reign revenue royal ſhall Stat ſtate ſtill ſuch thefe themſelves theſe thofe thoſe tion ufually univerfal unleſs uſe uſually writ
Popular passages
Page 343 - These are either as a judge, as the keeper of the king's peace, as a ministerial officer of the superior courts of justice, or as the king's bailiff. In his judicial capacity he is to hear and determine all causes of forty shillings...
Page 56 - The remedial part of a law is so necessary a consequence of the former two, that laws must be very vague and imperfect without it, for in vain would rights be declared, in vain directed to be observed, if there were no method of recovering and asserting those rights, when wrongfully withheld or invaded. This is what we mean, properly, when we speak of the protection of the law.
Page 54 - Those rights then which God and nature have established, and are therefore called natural rights, such as are life and liberty, need not the aid of human laws to be more effectually invested in every man than they are ; neither do they receive any additional strength when declared by the municipal laws to be inviolable. On the contrary, no human legislature has power to abridge or destroy them, unless the owner shall himself commit some act that amounts to a forfeiture.
Page 69 - For it is an established rule to abide by former precedents, where the same points come again in litigation: as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion; as also because the law in that case being solemnly declared and determined, what before was uncertain, and perhaps indifferent, is now become a permanent rule which it is not in the breast of any subsequent judge to alter or vary from according to his private sentiments...
Page 163 - It will not therefore be expected that we should enter into the examination of this law, with any degree of minuteness: since, as the same learned author assures us,(£) it is much better to be learned out of the rolls of parliament, and other records, and by precedents, and continual experience, than can be expressed by any one man.
Page 469 - Corporations sole consist of one person only and his successors, in some particular station, who are incorporated by law, in order to give them some legal capacities and advantages, particularly that of perpetuity, which in their natural persons they could not have had.
Page 235 - Will you solemnly promise and swear to govern the people of this kingdom of England, and the dominions thereto belonging, according to the statutes in parliament agreed on, and the laws and customs of the same? — The king or queen shall say, I solemnly promise so to do.
Page 67 - Whence it is that in our law the goodness of a custom depends upon its having been used time out of mind; or, in the solemnity of our legal phrase, time whereof the memory of man runneth not to the contrary. This it is that gives it its weight and authority : and of this nature are the maxims and customs which compose the common law, or lex non scripta, of this kingdom.
Page 139 - In this and similar cases the Legislature alone can, and, indeed, frequently does. interpose and compel the individual to acquiesce, but how does it interpose and compel ? Not by absolutely stripping the subject of his property in an arbitrary manner, but by giving him a full indemnification and equivalent for the injury thereby sustained.
Page 155 - In the legislature, the people are a check upon the nobility, and the nobility a check upon the people; by the mutual privilege of rejecting what the other has resolved: while the king is a check upon both, which preserves the executive power from encroachments. And this very executive power is again checked and kept within due bounds by the two houses, through the privilege they have of inquiring into, impeaching and punishing the conduct (not indeed of the king...