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
... observations , in order to prevent confu- fion , are inferted feparate and diftinct at the bottom of the page . July 20 , 1783 . RI . BURN , To be feen at Mr. Cadell's in the Strand . IN ADVERTISEMENT concerning this eleventh edition ...
... observations , in order to prevent confu- fion , are inferted feparate and diftinct at the bottom of the page . July 20 , 1783 . RI . BURN , To be feen at Mr. Cadell's in the Strand . IN ADVERTISEMENT concerning this eleventh edition ...
Page 54
... observe those rights , and to abstain from the commiffion of thofe wrongs : a third , remedial ; whereby a method is pointed out to recover a man's private rights , or redress his private wrongs : to which may be added a fourth ...
... observe those rights , and to abstain from the commiffion of thofe wrongs : a third , remedial ; whereby a method is pointed out to recover a man's private rights , or redress his private wrongs : to which may be added a fourth ...
Page 56
... observed , if there were no method of re- covering and afferting those rights , when wrongfully with- held or invaded . This is what we mean properly , when we fpeak of the protection of the law . When , for instance , the declaratory ...
... observed , if there were no method of re- covering and afferting those rights , when wrongfully with- held or invaded . This is what we mean properly , when we fpeak of the protection of the law . When , for instance , the declaratory ...
Page 66
... observed throughout the whole kingdom ; though Hoveden and the author of an old manufcript chronicle1 affure us likewise , that this work was projected and begun by his grandfather king Edgar . And indeed a general digeft of the fame ...
... observed throughout the whole kingdom ; though Hoveden and the author of an old manufcript chronicle1 affure us likewise , that this work was projected and begun by his grandfather king Edgar . And indeed a general digeft of the fame ...
Page 87
... observed with regard to the conftruction of statutes are principally these which follow . 1. THERE are three points to be confidered in the con- ftruction of all remedial ftatutes ; the old law , the mischief , and the remedy : that is ...
... observed with regard to the conftruction of statutes are principally these which follow . 1. THERE are three points to be confidered in the con- ftruction of all remedial ftatutes ; the old law , the mischief , and the remedy : that is ...
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...