Commentaries on the Laws of England, כרך 1

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תוכן

Islands of Jersey Guernsey Sark and Cities
106
Aristocracy
113
OF THE RIGHTS OF PERSONS
121
Incidents of copyhold tenures
122
Must be durable
128
Right of Personal security
129
besides certain other less material variations there are two principal points
133
And not rank
135
Right to property
138
181
139
OF THE PARLIAMENT
145
Of the origin of parliaments
146
Why copyholds are not freeholds 148 1 No particular estate necessary to sup
149
As abbey lands
151
Monarchy
153
Distinction between a condition in deed How to compel appearance of tenant
155
Their power
163
Division of subject under seven heads 149 parate rights
166
Qualification of members of both houses 162
178
Advantages and disadvantages of each 49 first act is revived
180
Conditions impossible or contrary to law
184
How to prove exemptions
195
If precedent grant void
202
How dissolved
209
Ancient demesne
212
Direct
217
Sovereignty or preeminence
224
Foreclosure
265
The advantages of the British constitution Acts derogatory of subsequent parliaments
287
No laches imputable to the king 247 Hydages talliages and subsidies
310
Parent and child
321
Estates by statute staple and statute Fourthly unity of possession
329
The king never dies
345
Legitimate Children
355
Protection
361
In foreign affairs
365
OF GUARDIAN AND WARD
369
Meuial servants
371
CHAP XI
379
OF THE RIGHTS TO THINGS
383
In sending and receiving ambassadors 253 II The excise duties
1
tion bears to our ancient English law de rationabili parte bonorum spoken
8
Nature and origin of such rights
13
Which is appendant
14
Corporeal
2
By grant
7
The feodal polity roade part of the consti Gavelkind
60
Oy EsTATES in Possession REMAINDER Incidents
66
429
68
Tenure by divine service
72
cease
78
OF FREEHOLD ESTATES OF INHERI
88
Mode of its introduction in France
89
The term estates define
103
Time of enjoyment of estates
105
CHAP X
108
Estates in possession
116
Their privileges
124
As no freehold can commence in futuro 165 Title to things real
129
Nor in grants of lands to a corporation 108 Common law endowments
135
The laws and customs of the house
139
Canon by which males are preferred
141
Qualifications of electors
171
Naturalborn subjects
183
The title to them and modes of acquir A modus for one species of tithe no dis
200
Which is called succession in stirpes 217
217
Principal rule of collateral descent
223
Exclusion of half blood
227
Statute de donis conditionalibus
254
In making peace and
257
Build forts
263
Pardoning offences
269
Gives currency to coin
276
Unjust extension of the rule
290
Personal chattels
308
Their allegiance
316
May be limited on an uncertain event 170 Importance of doctrine of descents 201
319
Natural allegiance
322
Their appointment
331
Therefore trustees to preserve contingent Lineal which subsists between father son
339
Nor to estates tail
340
General or special tail
345
Tail male or tail female
367
Words necessary to create a fee tail 114 Must be certain in duration
373
NERAL
375
Powers and duties of archbishops 380
380
202
381
Suramary
388
Rights and duties of parson and vicar 391 Disabilities by the canon law These
393
How nobility is created
399
END OF BOOK II
426

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קטעים בולטים

עמוד 373 - 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.
עמוד 16 - 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...
עמוד 316 - 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...
עמוד 145 - ... 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.
עמוד 2 - 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.
עמוד 105 - ... 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...
עמוד 104 - 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.
עמוד 368 - 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.
עמוד 287 - 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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