Commentaries on the Laws of England, 第 1 卷

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E. Duyckinck, 1827
 

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As to their evidence for or against each 2 Ages of persons for whom guardians
37
SECTION I
42
1
52
Page
55
taggestions on the course of studying the courts as the civil and canon laws
58
122
59
99
69
36
71
The islands of Wight and of Portland Parishes
75
Parcel of manor
80
Isle of
81
441
85
Directory
87
Incidents of copyhold tenures
97
Dioceses
99
The plantations and colonies
106
209
107
Law of nature The evil to be suppressed and remedy
113
Antiquity and origin
131
Gradually raised their condition to copy
137
OF THE RIGHTS OF PERSONS
142
Their power
163
CHAP VI
175
24
181
In civil law considered as distinct persons 444 3 Privileges and disabilities of infants 464
189
258
192
Pere Filenage ceased before Charles II 96 OF FAKEHOLDS NOT OF INHERI
199
sarne ancestor
204
Dioceses
208
Their privileges
209
Canons of descent
215
OF THE ABSOLUTE RIGHTS OF INDIVIDU Mode of bringing in a bill
217
Of The Kings Duties
235
Persons
241
Antiquity and origin
248
Office power and duty
252
Difference between heirs apparent and pre OF TITLE BY PURCHASE
257
Justices of peace
261
Overseers of the poor
267
Appointment
268
Parcel of manor
282
OF THE RIGHTS OF PERSONS
283
To govern according to
287
Number and qualifications
288
Prerogatives
294
Duration of office
301
Remedies of subjects against
306
353
310
On PARENT AND CHILD
321
laberitable or for life according to the Or upon natural or civil death
330
OF THE ABSOLUTE Rights or INDIVIDU Mode of bringing in a bill
334
243
341
Estates are freehold or less than freehold 104 3 Issue born alive
349
Parent and child
355
Maritime state
359
Protection
361
Law of settlements
362
O GUARDIAN AND WARD
369
Persons
380
OF THE RIGHTS TO THINGS
383
CHAPTER 1
1
Things
2
Appurtenant
11
Nature and origin of such rights
13
Absolute perfection The king can do
19
420
21
Op THR PEOPLE WHETHER ALIENS DENI
23
Of necessity
27
Common of estovers Esplanation of the word tenure
31
Naturalborn subjects
32
Quit rents
33
Privileged villenage
45
RRRg888
53
Ancient dememe
54
59 The next of kin who are to have the benefit of the statute of distribution must be ascer
59
Fee its use and meaning
60
Certain copy holds litle inlenor to freehold 150 ? Esecutory devue may limit fee or
67
Temre by divine service
72
Natural allegiance
73
But may be in abeyance
75
Duties of lord and vassal
81
The word heirs necessary io grant
85
Nor in grants of lands to a corporation 108 Common law endowments
121
rights respecting persons
122
To whom allegiance is
123
Condition expressed in the deed
125
Right of Personal security
129
Fourthly health
134
Right to property
135
Or to the king
136
CHAP II
141
Lineal descent from father to son
142
OF TRX PARLIAMENT
145
Conditions impossible or contrary to law
148
The feodal polity made part of the consti Gavelkind
151
Of the constituent parts of parliament 153 Prince of Wales
153
OF TRX PARLIAMENT
155
IIL Laws and customs relating to parlia
159
Base
164
The privileges of parliament
167
Exclusion of lineal descent
169
Qualification of members of both houses
173
Which is a consequence of the feodal law 211 Difference in effect between taking by
177
Aliens
183
Estates in remainder
192
Canon comprising primogeniture
194
The title to them and modes of acquir A modus for one species of uthe no dis
200
Base
203
Different kinds of direct prerogatives 210
210
Amongst what uations right of primogeni
214
Conditional fee what
226
But parliament may remonstrate
228
To revert to donor if donee no heirs 110 Requisites
240
No laches imputable to the king
247
In sending and receiving ambassadors 253
253
In granting passports
259
Canon lineal descendants represent Common occupancy abolished
260
The laws and customs of house of lords The kings councils
262
Their rights
263
Prohibit exportation of arms
265
The laws and customs of the house of The peers
268
Is the fountain of honour office and Duration of office
271
Cannot create a new office with fees 272
272
Principal rule of collateral descent 223 Secondly alienation to an alien
274
Is head of the church
279
Construction of statute
286
As no freehold can commence in futuro
288
Nature of consanguinity
291
934
295
Statement of rule
300
The system rigorously enforced by Will Of manors
302
CHAP X
308
Denizens
316
Unjust extension of the rule
317
All corporeal and incorporeal heredita
321
Personal chattels
327
Of the sinking fund 330
330
If freehold they must be limited a free Descent by common
336
The laws and customs of the house of 2 The peers
338
OF Suhorn 1NATE MAG1st Rates 338 to 364
339
Norto estates tail
340
General or special tail
345
to 346
346
OF THE CLERGY
357
OF THE PEOPLE WHETHER ALIENS Dext
359
265
366
Tail male or tail female
367
195
369
Words necessary to create a fee tail 114 Must be certain in duration
373
343
374
Naturalborn subjects
379
Powers and duties of archbishops
380
193
381
219
385
Appointment of parson or vicar
388
Churchwardens
394
OF THE CLERGY
395
Rights c incident to nobility
401
Marquess
404
267
411
227
414
333
415
225
417

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第 347 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 xxiv 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 290 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 132 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 370 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 87 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 86 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 342 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 261 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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