Commentaries on the Constitutional Law of England - George Bowyer - Google Books

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THE RIGHT HONOURABLE

SIR JAMES LEWIS KNIGHT BRUCE, KT.

VICE-CHANCELLOR;

ONE OF THE LORDS OF THE JUDICIAL COMMITTEE OF HER MAJESTY'S MOST HONOURABLE PRIVY COUNCIL ;

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TABLE OF CONTENTS.

CHAPTER I.

COMMON LAW OF ENGLAND.

INTRODUCTION-Divisions of English Law-Common Law-Customary Law-

Civil Law Canon Law-English Ecclesiastical Law-Statute Law Page 1

Significations of the word Equity-Distinction between Equity and Common

Law-Nature of the equitable jurisprudence of England - Observations on the

separate administration of law and equity

OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND.

England-Wales -Berwick-on-Tweed-the High Seas - Ecclesiastical division

of England-Civil division of England-Islands of Wight, Portland, Man,

Jersey, Guernsey, Sark, and Alderney-Scotland-Ireland

OF THE COLONIES, PLANTATIONS, AND OTHER FOREIGN POSSESSIONS

Three classes of Colonies or Plantations, - acquired, 1st, by Conquest; 2dly, by

Treaty; 3dly, by Occupancy-their interior Polity: 1st, Provincial Establish-

ments; 2dly, Proprietary Governments; 3dly, Charter Governments — Prin-

ciples of Colonial Governments -Territories governed by the East India Com-

OF THE LEGISLATIVE POWER. THE PARLIAMENT -ITS CONSTITUENT PARTS.

Private Law-Public Law-The Sovereign Power-its Divisions-Legislative

Power-Executive Power-Judicial Power - Forms of Government-Simple

- Mixed-Constitution of England-Legislative Power-The Queen-Spi-

ritual Lords-Temporal Lords-The Commons

OF PARLIAMENT ITS LAWS AND CUSTOMS.

Time and manner of Assembling-Laws, customs, and privileges of the Parlia-

ment of the House of Lords- of the House of Commons- Method of making

Laws-Adjournment - Prorogation - Dissolution

OF THE EXECUTIVE POWER. OF THE QUEEN AND HER TITLE

OF THE ROYAL FAMILY.

The Queen Regent - Her husband-Prince Albert-The Queen Consort-The

Queen Dowager-The Prince and Princess of Wales-The Princess Royal-

The rest of the Royal Family

OF THE COUNCILS BELONGING TO THE QUEEN.

The High Court of Parliament-The Peers of the Realm--The Judges—The

Privy Council-Judicial Committee thereof of the Cabinet-the Board of

OF THE QUEEN'S DUTIES

OF THE QUEEN'S PREROGATIVE.

Incidental Prerogatives-Direct Prerogatives-The Queen's royal character:

Sovereignty-Dominion-Perfection-Perpetuity

OF THE QUEEN'S ROYAL AUTHORITY.

The Prerogative of the Crown-1st, with respect to Intercourse with Foreign

Nations; 2d, with respect to Domestic Government-Government of the State

- Government of the Church-Connexion of Church and State

OF THE QUEEN'S REVENUE. OF THE QUEEN'S ORDINARY REVENUE.

1. Custody of Temporalities of Bishops -2. Corodies-3. Tithes-4. First-

fruits-5. Crown lands-6. Profits of military tenures-7. Wine-licenses—

8. Forests-9. Profits of courts of justice-10. Royal fish.-11. Wrecks—

12. Mines-13. Treasure-trove-14. Waifs-15. Estrays-16. Forfeitures —

17. Escheats-18. Custody of Idiots

OF THE QUEEN'S EXTRAORDINARY REVENUE.

The mode in which Supplies are granted, appropriated, and applied-Annual

Revenues-Perpetual Revenues-to what purpose applied

OF THE JUDICIAL POWER AND JURISDICTION IN GENERAL.

The Judicial Power Criminal Jurisdiction-Civil Jurisdiction

Record-Courts not of Record-Attorneys - Advocates

OF THE PUBLIC COURTS OF COMMON LAW AND EQUITY.

1. Court of Piepoudre -2. Court Baron-3. Hundred court-4. County court

-5. The court of Common Pleas-6. The court of Queen's Bench-7. The

court of Exchequer-8. The high court of Chancery-9. The court of Ex-

chequer-Chamber-10. The house of Peers-11. Courts of Assize and Nisi

Of Ecclesiastical Jurisdiction-Spiritual distinguished from temporal part-

1. The Archdeacon's court-2. The Consistory court-3. The court of Arches

-4. The court of Peculiars-5. The Prerogative court-6. The judicial

Committee of the Privy Council-7. Bishop's court, held according to stat.

3 and 4 Vict. c. lxxxvi.--1. Pecuniary causes-11. Matrimonial causes

II. Testamentary causes- - Criminal jurisdiction - Ecclesiastical censures

The Writ of Prohibition

OF COURTS MILITARY AND MARITIME, AND COURTS OF A SPECIAL JURISDICTION.

1. The court of Chivalry-2. The high court of Admiralty. .-I. The court of

Commissioners of Sewers- -n. The court of Marshalsea, and the Palace court —

III. The court of the Duchy-Chamber of Lancaster -4. Courts of the royal

franchise of Ely, and the counties palatine of Chester, Lancaster, and Durham

-v. The Cinque Ports-vi. Courts of the Principality of Wales-VII. Stan-

nary courts of Devonshire and Cornwall- VIII. Courts of Cities and Boroughs

-IX. Courts of the Universities

OF THE ADMINISTRATION OF JUSTICE IN CIVIL CASES.

General system-Process-Pleading-Trial: by Record, by Inspection, by Cer-

tificate, and by Jury - Observations on Trial by Jury-Judgment— Arrest of

Judgment-New Trials - Writ of audita querela - Writ of Error Execu-

Proceedings in courts of Equity

OF COURTS OF A CRIMINAL JURISDICTION.

1. The high court of Parliament-2. The court of the Lord High Steward of

Great Britain-3. The court of Queen's Bench-4. The court of Chivalry—

5. The high court of Admiralty-6, 7. Courts of Oyer and Terminer, and

general Gaol-delivery-8. The Central Criminal court-9. The court of gene-

ral Quarter-Sessions of the Peace-10. The Sheriff's Tourn-11. The Court

Leet 12. The court of the Coroners 13. Court of the Clerk of the

OF THE ADMINISTRATION OF CRIMINAL JUSTICE.

Treason - Felony — Misdemeanour

Misprisions High Crimes and Misde-

meanours- Contempts Summary proceedings —1. Regular and ordinary pro-

ceedings Arrest II. Commitment and Bail - ni. Prosecution

cess-v. Arraignment-vi. Plea and Issue-VII. Trial and Conviction-VIII.

Judgment-IX. Reversal of Judgment-x. Reprieve-XI. Execution 338

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