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absolute accused action acts admiralty adopted ancient Anglo-Saxon body called chancellor character citizens civil common compurgators constitution corpus delicti countries Court of Chancery Courts of Equity crime criminal customs decide defendant dence divisions duties ealdorman element emperor empire enacted enforced England England and America English and American entirely equity established evidence existed facts feudal system feuds fief freemen functions German heir ideas important institutions judges judicial decision jurisdiction jurisprudence jury trial justice king king's land law courts law of judicial legislation legislature lord magistrate matters ment methods municipal law national jurisprudence nature nobles oath organization original ownership Parliament particular parties paterfamilias peculiar person plaintiff portion possession praetor primitive principles procedure proceeding progress provisions questions regulations relations result Roman law rules Saxon statute tenant thegn tion Tribonian tribunals Twelve Tables United unwritten law vassal whole witnesses writing
Page 383 - The power of legislation, and, consequently, of taxation, operates on all the persons and property belonging to the body politic. This is an original principle, which has its foundation in society itself. It is granted by all, for the benefit of all.
Page 358 - For almost five centuries it was appealed to as the decisive authority on behalf of the people, though commonly so far only as the necessities of each case demanded.
Page 367 - A libel is a malicious publication expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule.
Page 401 - And if the government of Rhode Island deemed the armed opposition so formidable, and so ramified throughout the State as to require the nse of its military force and the declaration of martial law, we see no ground upon which this court can question its authority.
Page 359 - To have produced it, to have preserved it, to have matured it, constitute the immortal claim of England upon the esteem of mankind. Her Bacons and Shakespeares, her Miltons and Newtons, with all the truth which they have revealed, and all the generous virtue which they have inspired, are of inferior value when compared with the subjection of men and their rulers to the principles of...
Page 410 - If, in foreign invasion or civil war, the courts are actually closed, and it is impossible to administer criminal justice according to law, then, on the theater of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown...
Page 401 - It was a state of war, and the established government resorted to the rights and usages of war to maintain itself, and to overcome the unlawful opposition. And in that state of things, the officers engaged in its military service might lawfully arrest any one, who, from the information before them, they had reasonable grounds to believe was engaged in the insurrection...
Page 92 - The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as congress may, from time to time, ordain and establish.
Page 358 - ... them against blights. On the English nation, undoubtedly, the Charter has contributed to bestow the union of establishment with improvement. To all mankind it set the first example of the progress of a great people for centuries, in blending their tumultuary democracy and haughty nobility with a fluctuating and...