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Commentaries on the Laws of England: In Four Books. Seventh Edition
No preview available - 2017
according afterwards againſt allowed alſo antient appointed authority becauſe biſhop body bound branch called caſe cauſe church civil common law conſent conſider conſtitution continue contract corporation council courts crown cuſtom death determined direct duty Edward election enacted England eſtabliſhed eſtate executive farther firſt give given granted hands hath heirs held Henry himſelf houſe Inft it's judges juſtice king king's kingdom land laſt liberty lord manner marriage matter means ment moſt muſt nature neceſſary obſerved original parliament particular peace perſon prerogative preſent prince principal privileges queen realm reaſon regard reign reſpect royal rule ſaid ſame ſeems ſeveral ſhall ſhould ſome ſon Stat ſtate ſtatute ſtill ſubject ſuch themſelves theſe thing thoſe tion univerſal unleſs uſe uſually VIII whole writ
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...