Commentaries on the Laws of England, Volume 1

Front Cover
E. Duyckinck, 1827 - Law
 

Contents

The islands of Wight and of Portland
75
296
80
Isle of
81
OF THE RIGHTS OF PERSONS
87
Their privileges
116
To members of parliament
123
173
128
Appointment
131
besides certain other less material variations there are two principal points
133
Rights respecting
145
To the nobility as judges in the house
147
OF ESTATES UPON CONDITION
162
To clergymen and other professional
171
Estates upon condition what
189
On failure of these the parents or lineal ascendants and with them the brethren and sisters
191
OF THE KINGS REVENUE
209
CHAP VI
221
Implied condition
223
Causes of neglect of study of municipal
229
OF THE KINGS DUTIES
235
68
254
Number and qualifications
260
The premises
268
70
271
OF THE KINGS PREROGATIVE
280
Prerogatives
294
241
298
Antiquity and origin
299
The habendum
301
74
306
349
307
Exclusion of lineal descent
308
407
309
Surveyors of highways
314
Condition expressed in the deed
318
CHAP XIV
321
79
323
Reasons of this latter rule
325
The reddendum
333
remainders and reversions
334
tion
339
Canon by which males are preferred
341
What a compliance with the statute
344
Of municipal
345
Collateral warranty
347
For public oppression by punishment
350
Devise of lands void as against specialty
352
443
353
Covenants
364
But parliament may remonstrate
368
Ages of persons for whom guardians
369
Defined and parts of definition considered
370
157
371
Origin and nature of society
379
Maintenance
380
Origin and object of governmeuts
385
Guardian and ward
389
Amongst what nations right of primogeni
393
OF THE RIGHTS TO THINGS
Democracy
1
CHAP II
10
Which is appendant
6
The conclusion date
7
Or in gross
9
Who or what discharged from payment
16
Appurtenant
22
Offices
28
134
40
to 43
43
rights respecting persons
85
Royal attestation
88
The duty to make laws
89
Adopted by other countries
91
Equity of redemption
94
A feoffment
99
The the tenures by which holden 44 to 102
102
Common law endowments
108
Conditions impossible or contrary to law
110
Persons are natural or artificial
123
Foreclosure
126
Estates by statute staple statute merchant
132
Gifts
135
193
136
When binding on conscience
148
The feodal polity made part of the consti
151
And then in Kent
153
Naturalborn subjects
183
OF THE PARLIAMENT
190
Canon that collateral descent shall
192
Estates in possession
195
Grants
201
Nature of consanguinity
205
CHAP XIV
209
How laws interpreted or construed
211
Adopted by Norman barons and after
217
Division of subject under seven heads
220
Exclusion of half blood
227
Leases
234
Mode of its introduction in France
237
Potentia propinqua or the persons being
238
Confirmation
240
Can raise and regulate fleets and armies
243
By the words
249
The laws and customs of house of lords
254
Wharfs and quays
264
26
271
Surrenders
273
Undersheriff
274
30
287
265
299
Taxes and customs
308
Natural allegiance
311
The system rigorously enforced by Will
315
Concluding observations
320
By context
323
CHAP XXV
327
Assignments
333
To whom allegiance is
341
171
349
398
350
Relaxed by Hen I
357
Defeasances
359
OF SUBORDINATE MAGISTRATES
364
Aliens
366
With reference to subject matter
368
Naturalized persons
374
How far subject to fixed rules
375
172
378
Powers and duties of archbishops
380
Uses and trusts
383
62
385
Town of Berwick upon Tweed
391
Introduced to evade statute of mortmain
395
CHAP XII
401
OF THE CIVIL STATE
407
279
414
END OF BOOK II
426

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Page 367 - The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever, then, he removes out of the state that nature hath provided and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property.
Page 18 - 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...
Page 310 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 144 - ... and for default of such issue to the Princess Anne of Denmark and the heirs of her body and for default of such issue to the heirs of the body of the said Prince of Orange.
Page 390 - Franchise and liberty are used as synonymous terms, and their definition is a royal privilege or branch of the king's prerogative, subsisting in the hands of a subject.
Page 99 - ... there can be but one supreme power, which is the legislative, to which all the rest are and must be subordinate; yet the legislative being only a fiduciary power to act for certain ends, there remains still 'in the people a supreme power to remove or alter the legislative', when they find the legislative act contrary to the trust reposed in them...
Page 98 - 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 362 - There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.
Page 281 - That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law.

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