Abridgment of Blackstone's Commentaries |
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Page iii
... give synopses where it is important that the student should have a condensed and connected view of a book , chapter or section . A short life of Sir William Blackstone precedes the text , and translations of the Latin and French ...
... give synopses where it is important that the student should have a condensed and connected view of a book , chapter or section . A short life of Sir William Blackstone precedes the text , and translations of the Latin and French ...
Page 9
... 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 . KINDS OF UNWRITTEN LAW . This unwritten , or common law , is properly ...
... 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 . KINDS OF UNWRITTEN LAW . This unwritten , or common law , is properly ...
Page 10
... give light or assistance./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 juctice even and steady , and not liable to waver with every new judge's ...
... give light or assistance./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 juctice even and steady , and not liable to waver with every new judge's ...
Page 16
... gives place to the statute ; and an old statute gives place to a And new one . this upon a general principle of ... give a more specific relief , and more adapted to the circumstances of the case , than can always be obtained by the ...
... gives place to the statute ; and an old statute gives place to a And new one . this upon a general principle of ... give a more specific relief , and more adapted to the circumstances of the case , than can always be obtained by the ...
Page 33
... give himself . But , where the legislative and executive authority are in distinct hands , the former will take care not to intrust the latter with so large a power as may tend to the subver- sion of its own independence , and therewith ...
... give himself . But , where the legislative and executive authority are in distinct hands , the former will take care not to intrust the latter with so large a power as may tend to the subver- sion of its own independence , and therewith ...
Common terms and phrases
act of parliament action afterwards alienation antient attainted bill breach called cause CHAPTER chattels civil committed common law consider contract conveyance corporations court of chancery court of equity court-leet coverture crime crown custom damages death debt declared deed defendant descend determined detinue distrained ecclesiastical emblements escheat execution executor fee-simple felony feodal feoffment forfeiture former freehold grant hath heirs held hereditaments husband imprisonment indictment inheritance injury issue joint-tenants judges judgment jurisdiction jury justice king king's bench knight-service lands law of England lease liberty lord manor marriage matter ment nature oath offence original owner party peace person plaintiff plea plead possession principal prisoner prosecution punishment reason recover remainder remedy rent rule seised seisin sheriff Sir Edward Coke species statute suit tenant tenements tenure therein thing tion trespass trial unless usually verdict vested villein villenage whereby wife words writ
Popular passages
Page 78 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 438 - The liberty of the press is indeed essential to the nature of a free state ; but this consists in laying no previous restraints upon publications — and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public ; to forbid this is to destroy the freedom of the press : but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.
Page 438 - But, to punish (as the law does at present) any dangerous or offensive writings, which, when published, shall, on a fair and impartial trial, be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty.
Page 37 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal: this being the place where that absolute despotic power, which must in all governments reside somewhere, is intrusted by the constitution of these kingdoms.
Page 100 - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Page 10 - ... sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land ; not delegated to pronounce a new law, but to maintain and expound the old one.
Page 4 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 80 - Yet the lower rank of people, who were always fond of the old common law, still claim and exert their ancient privilege: and the courts of law will still permit a husband to restrain a wife of her liberty, in the case of any gross misbehaviour.
Page 35 - 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, which would destroy his constitutional...
Page 451 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.