Lectures on the Constitution and Laws of England: With a Commentary on Magna Charta, and Illustrations of Many of the English Statutes, Volume 2Thomas B. Wait and Company, 1805 - Constitutional history |
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Page 16
... respect to these , it is plain they had a right to deliberate , debate , and advise . But the better opinion is , they had no right to vote , but were assistants and advisers only , as the judges are at present ; for it is absurd to ...
... respect to these , it is plain they had a right to deliberate , debate , and advise . But the better opinion is , they had no right to vote , but were assistants and advisers only , as the judges are at present ; for it is absurd to ...
Page 22
... respect to the raising a lord from a lower degree of dignity to a higher , I should observe , that long be- fore Henry the Seventh's time , the king had the right solely in himself , though it was frequently done in parliament ; for ...
... respect to the raising a lord from a lower degree of dignity to a higher , I should observe , that long be- fore Henry the Seventh's time , the king had the right solely in himself , though it was frequently done in parliament ; for ...
Page 23
... the old inhabitants , Romans or Gauls , who by a volunta- ry submission had retained their freedom , and who , in every respect , except bearing a share in the legis- lature or government , were on an equal footing with LAWS OF ENGLAND .
... the old inhabitants , Romans or Gauls , who by a volunta- ry submission had retained their freedom , and who , in every respect , except bearing a share in the legis- lature or government , were on an equal footing with LAWS OF ENGLAND .
Page 31
... respect to the king , and all having the same rights . The division of parliament into two houses was nev- er known in Scotland ; who , in all probability , model- led their constitution from their neighbours , nor doth it appear in ...
... respect to the king , and all having the same rights . The division of parliament into two houses was nev- er known in Scotland ; who , in all probability , model- led their constitution from their neighbours , nor doth it appear in ...
Page 32
... respect to their nobili- ty . In truth , that they are not peers to each other , and consequently that a bishop cannot sit in judgment on the life of a peer , neither is he to be tried by the peers , but by a jury of commoners . It is ...
... respect to their nobili- ty . In truth , that they are not peers to each other , and consequently that a bishop cannot sit in judgment on the life of a peer , neither is he to be tried by the peers , but by a jury of commoners . It is ...
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Common terms and phrases
act of parliament action afterwards alien allodial ancient appears assize attend barons bishop called canon canon law cause Chancery chap church civil clergy Coke common law Conqueror conquest consequently constitutions of Clarendon copyhold county court court of equity crown curia regis demesne earl ecclesiastical Edward Edward the Confessor election English escheat Exchequer excommunication father favor felony feudal law France freeholders freemen granted hath heir held Henry hist Inst issue John judges jurisdiction jury justice king King's Bench kingdom laity lands law of England LECTURE liberty likewise lord lord's Magna Charta matters maxim ment military tenants Norman Normandy oath obliged observed offences officers palatine parium party peers person pleas Pope possession pretence prince privileges proceedings proper punishment reason reign relief remedy Saxon seize sheriff shew socage statute suit summoned temporal tenure thing tion trinoda necessitas vassal villein villenage William words writ
Popular passages
Page 57 - Acts as to them seemeth should pass in the same Parliament, and such causes, considerations, and Acts affirmed by the King and his Council to be good and expedient for that land, and his license thereupon, as well in affirmation of the said causes and Acts as to summon the said Parliament under the great seal of England, had and obtained.
Page 264 - ... by the law of the land ; it is accorded, assented, and established, that from henceforth none shall be taken by petition or suggestion made to our lord the king, or to his council, unless it be by indictment or presentment of good and lawful people of the same...
Page 192 - This is the language of the judges of the Court of King's Bench to the highest court in England. I believe it to be in the true spirit of the principles and usages of the common law. It was boldly held to a court composed of the aristocracy, the clergy, the judges of the Common Pleas, and barons of the Exchequer, in which the Lord Chancellor presides. It was a manly defiance of their power, and fearless appeal to their common right as free-born people of England, the common law, the guardian mother...
Page 57 - ... to be good and expedient for that land, and his licence thereupon, as well in affirmation of the said causes and acts, as to summon the said parliament, under his great seal of England had and obtained ; that done, a parliament to be had and holden after the form and effect afore rehearsed : and if any parliament be holden in that land hereafter, contrary to the form and provision aforesaid, it be deemed void and of none effect in law.
Page 49 - ... of no value; whereof every of them pretended a voice equivalent, as to 'such elections to be made, with the most worthy knights and esquires dwelling within the same counties, whereby manslaughters, riots, batteries, and divisions among the gentlemen and other people of the same counties, shall very likely rise and be, unless convenient and due remedy be provided in this behalf...
Page 44 - ... the Constit. of Parliament, p. 38. Sullivan, in page 212 of his Lectures, asserts " that the feudal principles were principles of liberty, but not of liberty to the whole nation, or even to the conquerors; I mean as to the point I am now upon, of having a share in the legislation—that was reserved to the military tenants, and to such of them only as held immediately of the King.
Page 61 - all Things were common to all," but afterward, with the emergence of private property, there "arose battles"; "then it was ordained by Constitution of Nations . . . that he that was taken in Battle should remain Bond to his taker for ever, and he to do with him, all that should come of him, his Will and Pleasure, as with his Beast, or any other Cattle, to give, or to sell, or to kill.
Page 201 - Concerning appeals, if they should occur, they ought to proceed from the archdeacon to the bishop, from the bishop to the archbishop. And if the archbishop should...
Page 56 - Edward the second, no parliament be holden hereafter in the said land, but at such season as the king's lieutenant and council there first do certify the king, under the great seal of that land, the causes and considerations, and all such acts as them seemeth should pass in the same parliament...
Page i - Lectures on the constitution and laws of England: with a commentary on Magn'a charta, and illustrations of many of the English statutes.