Commentaries on the Laws of England, 第 1 卷

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E. Duyckinck, 1827

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As abbey lands
65
Indenture what
72
Law of nations
73
Parcel of manor
80
441
85
Origin and object of governments 48 One part must be construed by another
89
243
94
Incidents of copyhold tenures
97
209
107
Page
111
Aristocracy
113
OF THE RIGHTS OF PERSONS
121
Tenure by divine service
123
349
133
How to prove exemptions
135
Estates upon condition wbat
152
Monarchy
153
Their duties
173
Between a limitation and condition 155 Doctrine of merger
174
Advantages and disadvantages of each 49 first act is revived
178
24
181
Rights respecting
186
Slavery
187
Laws command what is right and prohibit Courts of equity
189
258
192
If precedent grant void
202
OF FREEHOLD ESTATES OF INAERI
203
sarne ancestor
204
Their power
209
Secondly the consideration
214
Prerogatives
216
Sovereignty or preeminence
224
In foreign affairs
232
Power of rejecting bills
238
The term estates defined
242
Division of subject
248
Consist of acts declaratory directory
255
Difference between heirs apparent and pre OF TITLE BY PURCHASE
257
Can raise and regulate fleets and armies 262 Of the civil list
263
Foreclosure
265
The premises
268
370
271
The habeudum
293
Declaratory
295
Antiquity and origin
299
Election and appointment
306
Constables
312
OF PARENT AND CHILD
321
Warranty
333
181
334
Estates by statute staple statute merchant How forfeited
342
Which is a consequence of the feodal las 211 Difference in effect between taking by
345
Quantity of interest in real property
349
Reasons of this latter rule
353
OF THE MILITARY AND MARITIME
355
Duties of children
361
Law of settlements
362
Prevent subjects from leaving the kingdom
364
OF GUARDIAN AND WARD
369
CHAP XI
379
is fountain of justice
384
Corporations excepted in statute of wills 7 Confusion and intermixture of goods 405
387
Persons
1
Arises from feudal principles
3
Tenants bolding over
5
Grants
12
Nature and origin of such rights
13
Which is appendant
14
Pardoning offences
19
Appurtenant
22
Op THR PEOPLE WHETHER ALIENS DENI
23
Offices
28
Canon comprising primogeniture
31
To issue proclamations
32
Different kinds enumerated
37
Directory
84
Mode of its introduction in France
89
Naturalborn subjects
99
The the tenures by which holden 44 to 102 Rules respecting must be certain
103
Can grant precedence make denizens As a keeper of kings peace
105
O ESTATES UPON CONDITION 152 to 169 II Estates in reversion
108
Inconveniences therefrom
116
Absolute rights
123
Condition expressed in the deed
125
Right of Personal security
129
Partition
132
If particular estate is defeated remainder II Right of possession
138
When binding on conscience
146
Unless reversions in king
147
Conditions impossible or contrary to law
148
Equity of redemption
159
Vested or executed remainders what 168
168
Aliens
183
Amongst what nations right of primogeni
184
Passing a right
191
Estates in remainder
192
First life
195
Is the arbiter of commerce
198
The title to them and modes of acquir A modus for one species of tithe no dis
200
May establish public markets and fairs
204
Are liable for debts to the crown or of a Copyholds were estates at will
209
Right of personal liberty
210
Descent of socage estates to all the sons 215
215
How laws interpreted or construed 59 Scotland the crown of united to that
216
Origin of the rule
223
Entry and feoffment
239
Contingent or executory remainders what 169
240
To the consequences
250
Their rights
263
Descent to all the females
265
Every grantund conveyance of a ſee simple I For crirnes and misdemeanors
268
Suromary
272
Surrenders
273
Principal rule of collateral descent 223 Secondly alienation to an alien
274
Gives currency to coin
276
Statement of rule
281
What a compliance with the statute 376
283
OF THE PARLIAMENT
286
Rule farther illustrated
287
As no freehold can commence in futuro
288
Nature of consanguinity
291
The privileges of parliament
292
Rule of excluding half blood does not ap II Modes of alienation
293
Statement of rule
300
Nor to estates tail
308
If freehold they must be limited on free Descent by common
317
Recapitulation
320
Introduced to evade statute of mortmain 328
328
Chattels personal
333
Or reason
336
Summary of reason of the rule
340
According to equity
343
Summary of reason of the rule
345
The subject divided
346
Defeated if precedent estate defeated 171 Consanguinity defined and is either 202
349
OF THE CLERGY
357
In possession
362
265
366
Method of proceeding in elections 177 How made
369
Statute of 27 Hen VIII c 10 for trans Devises to rises
375
343
378
Powers and duties of archbishops
380
193
381
Appointment of parson or vicar
388
First in animals feræ naturæ
391
Churchwardens
394
Personal property considered as relates to OF TITLE BY GIFT GRANT AND Coy
398
Rights c incident to nobility
401
171
414
purposes
423

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第 365 頁 - 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.
第 10 頁 - 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...
第 308 頁 - 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...
第 142 頁 - ... 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.
第 388 頁 - 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.
第 97 頁 - ... 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...
第 96 頁 - 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.
第 360 頁 - 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.
第 279 頁 - 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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