Commentaries on the Laws of England: In Four Books, Jilid 1-4A. Strahan and W. Woodfall, law-printers to the King, 1791 |
Istilah dan frasa biasa
abſolute act of parliament alfo alſo antient becauſe biſhop buſineſs cafe caſe cauſe civil law clergy commiſſion common law confent confequence confider confifts conſtitution corporation courſe courts crown cuſtom declared defcended duty ecclefiaftical Edward Coke election Eliz enacted Engliſh eſtabliſhed eſtate exerciſe expreſſed faid fame feems fervant fince fir Edward Coke firſt fome fometimes fuch fufficient hath heirs Henry Henry VIII hereditary houſe Inft inſtance inſtitution iſſue itſelf justice king king's kingdom land laſt laws of England leſs liberty Litt lord marriage ment moſt muſt nature neceffary neceſſary obſerved occafion pariſh perſon prerogative preſent preſervation prince purpoſe queen raiſed realm reaſon reign reſpect revenue royal ſame ſays ſecond ſeems ſeparate ſervice ſeveral ſhall ſheriff ſhould ſociety ſome ſpecial ſpecies ſpiritual ſtanding Stat ſtate ſtatute ſtill ſubject ſuch ſuppoſed theſe thoſe tion univerſities unleſs uſe uſually veſted whoſe writ
Petikan popular
Halaman 341 - 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...
Halaman 54 - 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.
Halaman 52 - 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.
Halaman 67 - 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...
Halaman 161 - 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.
Halaman 465 - 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.
Halaman 233 - 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.
Halaman 65 - 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.
Halaman 137 - 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.
Halaman 153 - 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...