English Law Courts ...1901 - 30 páginas |
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Página 16 - The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter ! — all his force dares not cross the threshold of the ruined tenement...
Página 4 - The place was worthy of such a trial. It was the great hall of William Rufus, the hall which had resounded with acclamations at the inauguration of thirty kings, the hall which had witnessed the just sentence of Bacon and the just absolution of Somers, the hall where the eloquence of...
Página 16 - Law and arbitrary power are in eternal enmity. Name me a magistrate, and I will name property ; name me power, and I will name protection. It is a contradiction in terms ; it is blasphemy in religion; it is wickedness in politics, to say, that any man can have arbitrary power. In every patent of office the duty is included.
Página 16 - Company have not arbitrary power to give him ; the king has no arbitrary power to give him ; your lordships have not ; nor the commons, nor the whole legislature. We have no arbitrary power to give, because arbitrary power is a thing which neither any man can hold nor any man can give. No man can lawfully govern himself according to his own will, much less can one person be governed by the will of another.
Página 19 - It is hardly too much to say that the possibility of comparative jurisprudence would have been in extreme danger ; for, broadly speaking, whatever is not of England in the forms of modern jurisprudence is of Rome or of Roman mould. In law, as in politics, the severance of Britain by a world's breadth from the world of Rome has fostered a new birth which mankind could ill have spared. And the growth of English politics is more closely connected with the independent growth and strength of English law...
Página 18 - Roman Law. Not by any command or ordinance of princes, but by the inherent power of its name and traditions, Roman Law rose again to supremacy among the ruins of Roman dominion, and seemed for a time supreme in the civilized world. In only one corner of Europe it finally failed of obedience. Rude and obscure in its beginnings, unobserved or despised by the doctors and glossators, there rose in this island of England a home-grown stock of laws and a home-grown type of legal in18 stitutions.
Página 19 - They grew in rugged exclusiveness, disdaining fellowship with the more polished learning of the civilians, and it was well that they did so...
Página 18 - In only one corner of Europe it finally failed of obedience. Rude and obscure in its beginnings, unobserved or despised by the doctors and glossators, there rose in this island of England a home-grown stock of laws and a home-grown type of legal institutions. They grew in rugged exclusiveness, disdaining fellowship with the more polished learning of the civilians, and it was well that they did so; for, had English law been in its infancy drawn, as at one time it seemed likely to be drawn, within...
Página 14 - The Reports are extant, in a regular series, from the reign of king Edward the Second inclusive, and from his time to that of Henry the Eighth were taken by the prothonotaries, or chief scribes of the Court, at the expense of the Crown, and published annually, whence they are known under the denomination of the Year Books.
Página 7 - They refused, as I have said before, to decide the new cases by pure Roman Civil Law. They refused, no doubt because it seemed to involve some kind of degradation, to apply the law of the particular State from which the foreign litigant came. The expedient to which they resorted was that of selecting the rules of law common to Rome and to the different Italian communities in which the immigrants were born.