Works, Հատոր 15

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Taggard & Thompson, 1861

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Common terms and phrases

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Էջ 15 - No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed or exiled, or any otherwise destroyed ; nor will we pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land.
Էջ 228 - Whatsoever is due by the law or constitution of man may be altered: but natural legiance or obedience of the subject to the sovereign cannot be altered ; ergo natural legiance or obedience to the sovereign is not due by the law or constitution of man.
Էջ 263 - E. 3. that the judge should not stay for great seal nor petty seal, and chanted upon this ground ; my lord Anderson and the rest of the court stopped that allegation, and said, just as I say now, that to obey this writ is not to delay justice to the subject, but to do justice to the king, and to draw justice to the right way ; even as, should I stay and stop the water of the Thames or of a river from going into a by-let or creek, to make it run the better in the right channel, this were no stopping...
Էջ 95 - James's reign, and indeed earlier. The dispute, in its legal aspect, is closely connected with large constitutional questions, which then occupied the minds of men ; and the discontent which sustained it may, perhaps, be deemed as much a symptom of the general ferment which was everywhere souring the relations of the Court and country, as directly ascribable to substantial grievances inflicted by the Council on those subject to its jurisdiction : nevertheless the matter has a separable history of...
Էջ 369 - ne exeat regnum" are properly to be granted according to the suggestion of the writ, in respect of attempts prejudicial to the king and state, in which case the lord chancellor will grant them upon prayer of any of the principal secretaries without cause showing, or upon such information as his lordship shall think of weight: but otherwise also they may be granted, according to the practice of long time used, in case of interlopers in trade, great bankrupts, in whose estate many subjects are interested,...
Էջ 355 - Double vexation is not to be admitted ; but if the party sue for the same cause at the common law and in chancery, he is to have a day given to make his election where he will proceed, and in default of making such election to be dismissed.
Էջ 201 - ... respected, and other points differing from the rules of common inheritance. The second is, — that whereof we need not fear to speak in good and happy times, such as these are, — to make the ordinary power of the king more definite or regular. For it was well said by a father, plenitudo potestatis est plenitudo tempestatis. And although the king, in his person, be solutus legibus, yet his acts and grants are limited by law, and we argue them every day.
Էջ 353 - No decree bindeth any that cometh in bona fide by conveyance from the defendant before the bill exhibited, and is made no party, neither by bill nor the order : but where he comes in pendente lite...
Էջ 209 - Roan, or at Lisbon, and have issue, and their descendants do intermarry amongst themselves, without any intermixture of foreign blood; such descendants are naturalized to all generations : for every generation is still of liege parents, and therefore naturalized ; so as you may have whole tribes and lineages of English in foreign countries. And therefore it is utterly untrue that the law of England c:mnot operate or confer naturalization, but only within the bounds of the dominions of England.
Էջ 177 - ... all and every such person and persons and bodies politic, that have or hereafter shall have any such use, confidence, or trust in fee simple, fee tail, for term of life, or for years or otherwise, or any use, confidence, or trust...

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