The Constitution of England, Or An Account of the English Government;: In which it is Compared with the Republican Form of Government, and Occasionally with the Other Monarchies in Europe |
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Page 28
... jury , a mode of procedure which is at pre- fent ones of the moft valuable parts of the English law , made again , though imperfectly , its appearance . * 1 But thefe caufes , which had operated but filently and flowly under the two ...
... jury , a mode of procedure which is at pre- fent ones of the moft valuable parts of the English law , made again , though imperfectly , its appearance . * 1 But thefe caufes , which had operated but filently and flowly under the two ...
Page 111
... Jury , or Committee , of fifteen Members , formed thus . Out of the Members prefent , who must not be less than one hun- dred , forty - nine are drawn by lot : out of these , each Candidate ftrikes off one alternately , till there ...
... Jury , or Committee , of fifteen Members , formed thus . Out of the Members prefent , who must not be less than one hun- dred , forty - nine are drawn by lot : out of these , each Candidate ftrikes off one alternately , till there ...
Page 138
... matters . We fhall fee presently how the Trial by Jury , peculiar to the English Nation , is admirably adapted to the nature of a free State . equally effential to the enjoyment of liberty , and neceffary 138 THE CONSTITUTION.
... matters . We fhall fee presently how the Trial by Jury , peculiar to the English Nation , is admirably adapted to the nature of a free State . equally effential to the enjoyment of liberty , and neceffary 138 THE CONSTITUTION.
Page 142
... Jury . This Affembly must be com- pofed of more than twelve Men , and lefs than twenty - four ; and is always formed out of the most confiderable perfons in the County . Its function is to examine the evidence that has been given in ...
... Jury . This Affembly must be com- pofed of more than twelve Men , and lefs than twenty - four ; and is always formed out of the most confiderable perfons in the County . Its function is to examine the evidence that has been given in ...
Page 143
... Jury , and to have all the judicial means of de- fence to which the law intitles him . The She- riff then appoints what is called the Petty Jury : this must be compofed of twelve Men , chofen of the County where the crime was committed ...
... Jury , and to have all the judicial means of de- fence to which the law intitles him . The She- riff then appoints what is called the Petty Jury : this must be compofed of twelve Men , chofen of the County where the crime was committed ...
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Common terms and phrases
abfolutely abuſes advantages Affembly affent againſt alfo alſo authority becauſe befides bill cafe caufe cauſe circumſtances Citizens confequence confiderable conftantly Conftitution courſe Crown Decemvirs effential enacted England Engliſh English Government eſtabliſhed Executive power exerciſe exprefs faid fame favour fecurity feemed felves fettled feveral fhall fhould fince firft firſt fituation fome foon fpirit ftill fubject fuch fufficient fupport greateſt himſelf Hiſtory Houfe Houſe Houſe of Commons Hugh Capet impriſonment increaſe inftance intereft intirely itſelf Judges Juftice Jury juſt King laft Laftly laſt laws leaſt lefs Legiſlative Legiſlature Lords Magiftrates Maſter means meaſures ment moft moſt muft muſt Nation neceffary obferved occafion oppofition paffed Parliament perfons poffeffed poffible prefent preferved prerogative prifoner Prince privilege propofed public liberty puniſhment purpoſe raiſed refpect reign rendered Repreſentatives Republic Revolution Roman Republic ſee Senate ſeveral ſhall Sovereign ſtill ſuch thefe themſelves theſe things thofe thoſe tion Tribunes uſe
Popular passages
Page 110 - M. st. 2, c. 2, as one of the liberties of the people, " that the freedom of speech, and debates, and proceedings in parliament, ought not to be impeached or questioned in any court or place out of parliament.
Page 104 - And will you preserve unto the bishops and clergy of this realm, and to the churches committed to their charge, all such rights and privileges as by law do or shall appertain unto them, or any of them?" — King or queen,
Page 304 - And, lastly, to vindicate these rights, when actually violated or attacked, the subjects of England are entitled, in the first place, to the regular administration and free course of justice in the courts of law; next, to the right of petitioning the king and parliament for redress of grievances; and, lastly, to the right of having and using arms for self-preservation and defence.
Page 264 - And the English constitution has not only excluded from any share in the execution of the laws those in whom the people trust for the enacting them, but it has also taken from them what would have had the same pernicious influence on their deliberations — the hope of ever invading that executive authority, and transferring it to themselves. This authority has been made in England one single, indivisible prerogative: it has been made for ever the...
Page 164 - I. the court of king's bench, relying on some arbitrary precedents, and those perhaps misunderstood, determined that they could not upon a habeas corpus either bail or deliver a prisoner, though committed without any cause assigned, in case he was committed by the special command of the king, or by the lords of the privy council.
Page 165 - I. c. 10. §8. whereby it is enacted, that if any person be committed by the king himself in person, or by his privy council, or by any of the members thereof, he shall have granted unto him, without any delay upon any pretence whatsoever, a writ of habeas corpus...
Page 84 - England have intrusted the king, we are at a loss to reconcile them with the idea of a monarchy, which, we are told, is limited. The king not only unites in himself all the branches of the executive power; he not only disposes, without control, of the whole military power in the state ; — but he is, moreover, it seems, master of the law itself, since he calls up, and dismisses, at his will, the legislative bodies. We find him., therefore, at...
Page 166 - Guernsey, or any places beyond the seas, within or without the king's dominions, on pain that the party committing, his advisers, aiders, and assistants, shall forfeit to the party...
Page 282 - But whether the authority of the judges be exerted at the motion of a private individual, or whether it be at the instance of the government itself, their sole office is to declare the punishment established by the law : — it is to the jury alone that it belongs to determine on the matter of law as well as on the matter of fact ; that is, to determine, not only whether the writing...
Page 83 - ... proper. VII. In fine, what seems to carry so many powers to the height, is, its being a fundamental maxim, that THE KING CAN DO NO WRONG : •which does not signify, however, that the king has not the power of doing ill, or, as it was pretended by certain persons in former times,, that every thing he did was lawful; but only that he is above the reach of all courts of law whatever, and that his person is sacred and inviolable.