Commentaries on the Laws of England ...Bancroft-Whitney, 1890 - Law |
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Page ii
... authority of decisions .. 213 31. Particular customs and usage .... ...... 226 32. The canon and civil law in England .... English statutes in America ............... 230 231 33. Revival of Roman law .......... 233 34. Parliament cannot ...
... authority of decisions .. 213 31. Particular customs and usage .... ...... 226 32. The canon and civil law in England .... English statutes in America ............... 230 231 33. Revival of Roman law .......... 233 34. Parliament cannot ...
Page xi
... authority from that of Blackstone , and especially such as it might be supposed would be useful in a brief upon that topic . It is evident that the cases so selected must depend entirely upon the judgment and discretion of the editor ...
... authority from that of Blackstone , and especially such as it might be supposed would be useful in a brief upon that topic . It is evident that the cases so selected must depend entirely upon the judgment and discretion of the editor ...
Page xxix
... authority ; competent endowments were decreed for the support of a lecturer , and the perpetual encourage- ment of students ; and the compiler of the ensuing commentaries had the honour to be elected the first Vinerian professor . In ...
... authority ; competent endowments were decreed for the support of a lecturer , and the perpetual encourage- ment of students ; and the compiler of the ensuing commentaries had the honour to be elected the first Vinerian professor . In ...
Page 5
... authority ) as a collection of written reason . No man is more thoroughly persuaded of the general excellence of its rules , and the usual equity of its decisions , nor is better convinced of its use as well as ornament to the scholar ...
... authority ) as a collection of written reason . No man is more thoroughly persuaded of the general excellence of its rules , and the usual equity of its decisions , nor is better convinced of its use as well as ornament to the scholar ...
Page 9
... authority , and has unavoidably thrown more power into the hands of the judges , to direct , control , and even reverse their verdicts , than perhaps the constitution intended . But it is not as a juror only that the English gentle- man ...
... authority , and has unavoidably thrown more power into the hands of the judges , to direct , control , and even reverse their verdicts , than perhaps the constitution intended . But it is not as a juror only that the English gentle- man ...
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Common terms and phrases
action acts of parliament American antient Austin authority Blackstone Blackstone's canon law century Cited citizens civil law command Commentaries common law compact consent constitution contract courts crown custom decisions declared distinction divine doctrine Edward enacted enforced English law entirely ethics existence hath heirs Henry Henry VII human laws inns of chancery Inst judge judicial juris jurists justice Justinian king king's kingdom knowlege land law of England law of nature learned lectures leges legislation legislature liberty lords mala in se matter means ment municipal law nations obligation original pandects particular persons principles prohibition Puffendorf punishment queen question Quoted reason regard reign Roman law rule sense sir Edward Coke society sovereign Stat statute superior supreme term theory things tion unwritten law usage Vacarius words writers wrong
Popular passages
Page 132 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed.
Page 363 - And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.
Page 236 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 94 - From this method of interpreting laws (says Blackstone) by the reason of them, arises what we call equity;" which is thus defined by Grotius, "the correction of that, wherein the law, by reason of its universality, is deficient...
Page 640 - Every citizen of the United States is also a citizen of a state or territory. He may be said to owe allegiance to two sovereigns, and may be liable to punishment for an infraction of the laws of either. The same act may be an offense or transgression of the laws of both.
Page 193 - There are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy: that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act as to suppress the mischief and advance the remedy.
Page 305 - ... that residuum of natural liberty, which is not required by the laws of society to be sacrificed to public convenience, or else those civil privileges, which society hath engaged to provide in lieu of the natural liberties so given up by individuals.
Page 461 - 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...
Page 300 - 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.
Page 293 - And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties...