Commentaries on the Laws of England, Band 1


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Seite 39 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force and all their validity, and all their authority, mediately and immediately, from this original...
Seite 110 - England as by law established : that, in case the crown and imperial dignity of this realm shall hereafter come to any person, not being a native of this kingdom of England, this nation be not obliged to engage in any war for the defence of any dominions or territories which do not belong to the crown of England, without the consent of Parliament...
Seite 61 - THE fairest and most rational method to interpret the will of the legislator, is by exploring his intentions at the time when the law was made, by signs the most natural and probable. And these signs are either the words, the context, the subjectmatter, the effects and consequence, or the spirit and reason of the law.
Seite 209 - That King James II., having endeavoured to subvert the constitution of the kingdom, by breaking the original contract between king and people ; and by the advice of Jesuits and other wicked persons, having violated the fundamental laws and having withdrawn himself out of the kingdom, has abdicated the government, and that the throne is thereby vacant.
Seite 156 - God, the original of all just power: . . . that the commons of England, in parliament assembled, being chosen by, and representing, the people, have the supreme power in this nation : . . . that whatsoever is enacted, or declared for law, by the commons, in parliament assembled, hath the force of law; and all the people of this nation are concluded thereby, although the consent and concurrence of king, or house of peers be not had thereunto'.
Seite 252 - What is done by the royal authority, with regard to foreign powers, is the act of the whole nation; what is done without the king's concurrence is the act only of private men.
Seite 295 - Latin thesaurus inventus, which is where any money or coin, gold, silver, plate, or bullion, is found hidden in the earth, or other private place, the owner thereof being unknown; in which case the treasure belongs to the king; but if he that hid it be known, or afterwards found out, the owner, and not the king, is entitled to it.
Seite 412 - The necessity of order and discipline in an army is the only thing which can give it countenance, and therefore it ought not to be permitted in time of peace, when the King's Courts are open for all persons to receive justice according to the laws of the land.
Seite 235 - Will you to the utmost of your power maintain the laws of God, the true profession of the gospel, and the Protestant reformed religion established by the law? 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: All this I promise to do.
Seite 304 - But a man who is born deaf, dumb, and blind, is looked upon by the law as in the same state with an idiot ; he being supposed incapable of any understanding, as wanting all those senses which furnish the human mind with ideas.

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