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Commentaries on the Laws of England: In Four Books, Volume 1
Limited preview - 2011
act of parliament action afterwards alien ancient appear assumpsit benefit of clergy bill bishop called capias cause chattels civil clergy committed common law considered contract corporations Court of Chancery courts of common courts of equity creditor crime crown damages death debt declared deed defendant demurrer descended detinue ecclesiastical entitled error escheat evidence execution fact felony fieri facias forfeiture formerly granted heir husband imprisonment indictment inheritance injury issue judge judgment jurisdiction jurors jury justice king kingdom knight-service lands laws of England lord marriage matter ment misdemeanors nature oath obtained offence owner particular party person plaintiff plea plead possession prerogative present principal privilege proceedings punishment queen reason recover redress reign remedy rent royal rule seisin sheriff socage sovereign species statute suit tenant tenure therein tion trespass trial unless usually verdict vested writ writ of right
Page 55 - 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 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.
Page 27 - 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 entrusted by the constitution of these kingdoms.
Page 558 - Fourthly, all presumptive evidence of felony should be admitted cautiously; for the law holds that it is better that ten guilty persons escape than that one innocent suffer.
Page 21 - THE third absolute right, inherent in every Englishman, is that of property : which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land.
Page 262 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 486 - 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 486 - 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...
Page 313 - ... be indicted in that term or session, or else admitted to bail ; unless the king's witnesses cannot be produced at that time ; and if acquitted, or if not indicted and tried in the second term or session, he shall be discharged from his imprisonment for such imputed offence...
Page 21 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community.