The Channel Islands: Norman Laws and Modern Practice |
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The Channel Islands: Norman Laws and Modern Practice (Classic Reprint) David Urquhart No preview available - 2018 |
Common terms and phrases
Aa Rou administration advancing one branch amongst ancient appanage appeal assembly assent assessed attachment authority Bailiff Channel Islands character Charter churl civil Code Colonies Common Law Corn Laws Court Leet court-a Courts of Equity crime Crown Curia Regis customs delegated Dog Cart Bill douzainiers Edward elect the Jurats Empire English Constitution Equity escape from burdens Europe evils fathers Four Sworn Knights functions Government grant Guernsey and Jersey Haro holders of feofs Hundred inhabitants institutions interference judges judicial Jurors King in Council King's Law of Parliament laws of England liament liberties Lord Lord Coke Lord North Magna Charta matter for England ment Monarch municipal NORMAN LAWS Normandy old rights parish Parlia Parliamentary Poor Laws Portfolio portions practice Précepte d'Assize prerogative present preserved Privy Council realm redressed resistance respect Rollo royal court sanction Shire Court Smuggling Bill taxes tion Township Twelve usurpation of Parliament William the Conqueror Writ
Popular passages
Page 9 - William assented; and a statute or capitulary, purporting to contain the laws and customs "which King William granted to " the people of England after the conquest, being the same which "King Edward his cousin held before him," has been preserved in Romance and in Latin.
Page 11 - Community" was never bound, where the '' Jurors" were not unanimous, whether their " Verdict" related to judicial proceedings, — (and, to the validity of such, even at this day, the unanimity of the Twelve Men is valued as essential), — or to the administration of any other branch of public affairs. Thus, the City of London successfully refused to render the Fifth, granted to Edward the First by the Council, in the 25th year of his reign, and ordained by the King's Writs to be levied. Thus again,...
Page 30 - ... presided. Legislation was but a secondary concern : or rather it resulted from the judicial occupation, and was resorted to, only in cases where the existing law was silent, or ambiguous. Yet, even then, it more resembled that which we now call declaratory legislation, as distinguished from enactment. It professed to proceed from old and acknowledged principles, by a regular and logical deduction, to their equitable application to cases, which were otherwise not provided for. There is not one...
Page 10 - Jurors," whom the Hundred or Burgh sent to represent it at the Shire Court, might be authorised to concur with those from other Burghs or Hundreds, in delegating to Twelve, or to Twenty-four of the whole body assembled, the duty of representing, and the power of binding, their respective communities in Parliament. That delegation might be granted by some, and it might be withheld by others; — and it might be more or less ample according to the instructions sent. But, beyond those instructions,...
Page 9 - Twelve" men from every Shire were therefore summoned, " who " were sworn that they would well and truly declare the " law, without addition, prevarication, or concealment." This special duty was performed. A Code, or Capitulary, resulting from their presentments and declarations, was prepared and read to them, which, thus approved, received that solemn sanction of the Sovereign in Council, whereby it obtained the force of law, or, more properly speaking, was henceforward...
Page 10 - Communities," power to concur in the grant, their vote bound themselves indeed, but not their " Communities." Hence, when the King summoned his lieges to Parliament, it was no unfrequent precaution to set forth in the Writ of Summons itself the importance of the Knights, Citizens, and Burgesses, being furnished, by their respective communities, with ample powers to bind them by their votes, " that the business might not fail for want of such authority.
Page 29 - ... analogy) specially appropriated to the particular service, which had been made the ground, and reason, and purpose of the Grant. The Exchequer, into which the instalments as received were paid by the " Elisors," was but an office, or department, of the Council, and for their application of themonies so received, the Barons were as much accountable to them, as the Accountant-General of the Court of Chancery now is to that Court. Let us add, in order to complete the analogy, that it was no more...
Page 20 - ... and rejected the opportunity. It was not the prerogative of the crown, but the claims of parliament, that America had refilled.
Page 30 - Intr. pp. xxiii. xxv. xxvii. xxxi. xliv. mcut, however degraded by later associations, not only the ideas of equity and relief, which ought still to appertain to it in its political capacity, but those also which are now attached to the Court of Chancery alone. Long after the complete establishment of that Court, in its equitable jurisdiction, the familiar speech of the day preserved the remembrance of the wider, more remedial, and more powerful authority, whence it sprung. In denning their respective...
Page 28 - Perhaps it is reserved, for the times which are to follow, to discover a similar distinction between the laws of the land and the duties of Judges. Westminster Hall is indeed still the seat of Public Justice. But so formerly was Parliament. The desecration to which we allude is not more improbable than that which we have witnessed. The alarming growth of modern degeneracy might even occasion the doubt whether the improbability be not, in fact, much less. Those judicial habits of thought admirably...