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Topic: Fundamental Laws of England


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In the News (Sat 28 Nov 09)

  
  Fundamental Laws of England - Wikipedia, the free encyclopedia
subverting the fundamental laws of England and Ireland..." [6], part of a campaign ending in 1649 with the beheading of King Charles I. Subsequently, the phrase was used by the Leveller Lieut.
For those who believed that the Fundamental Laws of England predated the Magna Carta, there was debate about whether they arose from time immemorial, were somehow immanent to society, from post-Roman Saxon times, or from various combinations of these and other origins [13].
He also raised the question of whether the fundamental laws could be judged by an English or Scottish court in the same manner as other countries consider constitutional cases.
en.wikipedia.org /wiki/Fundamental_Laws_of_England   (1074 words)

  
 Blackstone's Commentaries   (Site not responding. Last check: 2007-10-31)
By the civil law, absolutely taken, is generally understood the civil or municipal law of the Roman empire, as comprised in the institutes, the code, and the digest of the emperor Justinian, and the novel constitutions of himself and some of his successors.
Wherefore the municipal or common laws of England are, generally speaking, of no force or validity in Scotland; and of consequence, in the ensuing commentaries, we shall have very little occasion to mention, any farther than sometimes by way of illustration, the municipal laws of that part of the united kingdoms.
The statute law of England does therefore very seldom, and the common law does never inflict any punishment extending to life or limb, unless upon the highest necessity: and the constitution is an utter stranger to any arbitrary power of killing or maiming the subject without the express warrant of law.
www.agh-attorneys.com /4_william_blackstone.htm   (14568 words)

  
 NationMaster - Encyclopedia: Fundamental Laws of England
subverting the fundamental laws of England and Ireland..." [6] (http://personal.pitnet.net/primarysources/protests.html), part of a campaign ending in 1649 with the beheading of King Charles I. Subsequently, the phrase was used by the Leveller Lieut.
Also in 1646, the General Court of Massachusetts referred to the Fundamental Laws of England in regard to the Magna Carta, while defending their representative and legislative autonomy in their address to the Long Parliament [9] (http://www.constitution.org/cmt/ces/cessc_1.htm).
Lord Advocate (1953), an action over the legitimacy of the title Queen Elizabeth II, Lord President Cooper posited that because the fundamental law of Scotland merged with that of England into the law of Great Britain at the time of the Treaty of Union in 1707, the supremacy of Parliament was extinguished.
www.nationmaster.com /encyclopedia/Fundamental-Laws-of-England   (1127 words)

  
 Blackstone's Commentaries - Book the First - Chapter the First : Of the Absolute Rights of Individuals
This was alfo a rv'e in the feudal law, l.
The ftatute law of England does therefore very feldom, and the common law does never, inflict any punifhment extending to life or limb, unlefs upon the higheft neceffity : and the conftitution is an utter ftranger to any arbitrary power of killing or maiming the fubject without the exprefs warrant of law.
Since the law is in England the fupreme arbiter of every man's life, liberty, and property, courts of juftice muft at all times be open to the fubject, and the law be duly adminiftred therein.
www.yale.edu /lawweb/avalon/blackstone/bk1ch1.htm   (6068 words)

  
 §8. Fundamental conception, system of philosophy and controversies. XII. Hobbes and Contemporary Philosophy. Vol. ...
It shows, further, that he had already fixed on the conception of motion as fundamental for the explanation of things, but, also, that he had not yet relinquished the scholastic doctrine of species in explaining action and perception.
And now he seems to have arrived at the view that not only is motion the fundamental conception for explaining the physical world, but that man and society also can be explained on the same mechanical theory.
The last twenty-eight years of Hobbes’s long life were spent in England; and there he soon returned to the house of his old pupil the earl of Devonshire, who had preceded him in submitting to the commonwealth, and, like him, welcomed the king on his return.
www.bartleby.com /217/1208.html   (2248 words)

  
 NationMaster - Encyclopedia: Petition of Right
Martial law is the system of rules that takes effect (usually after a formal declaration) when a military authority takes control of the normal administration of justice.
Bayeux Tapestry depicting events leading to the Battle of Hastings The Norman Conquest of England was the conquest of the Kingdom of England by William the Conqueror (Duke of Normandy), in 1066 at the Battle of Hastings and the subsequent Norman control of England.
United Kingdom constitution Blackstones history In the 1760s William Blackstone described the Fundamental Laws of England in Commentaries on the Laws of England, Book the First - Chapter the First : Of the Absolute Rights of Individuals [1] as the absolute rights of every Englishman and traced their basis and evolution as follows: Magna...
www.nationmaster.com /encyclopedia/Petition-of-Right   (734 words)

  
 Natural law
The Roman Catholic Church understands natural law to be immanent in nature; this understanding is in large part due to the influence of Thomas Aquinas.
Besides utilitarianism and Kantianism, natural law theory is with virtue ethics, a live option for a first-principles ethics theory in analytic philosophy.
Natural law affirms the worth of all members of the human species, and proposes that sexuality should always be "open" to the good of unity and procreation.
www.nebulasearch.com /encyclopedia/article/Natural_law.html   (449 words)

  
 Fundamental Laws of England   (Site not responding. Last check: 2007-10-31)
Research in modern genetics, molecular and cellular biology directed to solution of two fundamental problems: the investigation of the structure and functioning of genome, and the cognition of laws of evolution and selection.
PBS program which investigates how a fundamental shift in the country's anti-drug laws - including federal mandatory minimum sentencing and conspiracy provisions - has bred a culture of snitching that is in many cases rewarding the guiltiest and punishing the less guilty.
Corrections to the fundamental laws of thermodynamics force the existence of twin universes.
www.omniknow.com /common/wiki.php?in=en&term=Fundamental_Laws_of_England   (2062 words)

  
 [No title]   (Site not responding. Last check: 2007-10-31)
For exile, or transportation, is a punishment unknown to the common law; and, wherever it is now inflicted, it is either by choice of the criminal himself, to escape a capital punishment, or else by the express direction of some modern act of parliament.
For no subject of England can be constrained to pay any aids or taxes, even for the defense of the realm or the support of government, but such as are imposed by his own consent, or that of his representatives in parliament.
Not only the substantial part, or judicial decisions, of the law, but also the formal part, or method of proceeding, cannot be altered but by parliament: for if once those outworks were demolished, there would be no inlet to all manner of innovation in the body of the law itself.
www.founding.com /library/lbody.cfm?id=542&parent=539   (5664 words)

  
 Petition of Right, 1628 - Wikipedia, the free encyclopedia
The Petition of Right is a document produced by the English Parliament in the run-up to the English Civil War.
It was addressed to Charles I of England in 1628 in an attempt to seek redress on the following points:
The petition had the support of Sir Edward Coke; John Pym claimed that the rights herein demanded predated even the Norman conquest and were confirmed by successive kings.
en.wikipedia.org /wiki/Petition_of_Right   (162 words)

  
 The History of England from the Accession of James II - Volume 5 Part 1
But that they had done this in violation of the fundamental laws of England was acknowledged by all jurists, and had been expressly affirmed in the Bill of Rights.
We have long ceased to apprehend danger to law and to freedom from the license of troops, and from the ambition of victorious generals.
That which, considered merely with reference to the internal polity of England, might be, to a certain extent, objectionable, might be absolutely essential to her rank among European Powers, and even to her independence.
www.electricscotland.com /History/england/hist5-1.htm   (7713 words)

  
 OUCLF: articles: Montesquieu | I Stewart (ed/tr) (2002)
Fourth: he goes on to propose that, if the law is found to be too strict, then by way of exception the legislature in its 'supreme authority' may constitute within itself a court that can 'adjust (modérer) the law for the benefit of the law itself, by pronouncing less rigorously than it'.
If a man in England were to have as many enemies as he has hairs on his head, nothing would happen to him: and that means a lot, for the health of the soul is as necessary as that of the body.
Sir Thomas More (1477-1535) was Chancellor of England (1529-1532) and author of the humanist classic Utopia (1516); he was beheaded for refusing to recognise Henry VIII as head of the newly formed Church of England and canonised in 1935, the patron saint of lawyers.
ouclf.iuscomp.org /articles/montesquieu.shtml   (17642 words)

  
 An Essay on the Trial by Jury, Chapter XI ....Lysander Spooner, 1852
For centuries before the charter was granted, its main principles constituted "the Law of the Land," - the fundamental and constitutional law of the realm, which the kings were sworn to maintain.
And the principal benefit of the charter was, that it contained a written description and acknowledgment, by the king himself, of what the constitutional law of the kingdom was, which his coronation oath bound him to observe.
acknowledgment of the Law of the Land, was to put an end to all disputes of this kind, and to put it out of the power of the king to plead any misunderstanding of the constitutional law of the kingdom.
www.barefootsworld.net /trial11.html   (4430 words)

  
 Early Stuart England to 1640
England and Scotland had been at war with each other on a number of occasions in the sixteenth century - England inflicted major defeats on Scotland at the Battles of Flodden (September 1513), Solway Moss (November 1542) and Pinkie Cleugh (September 1547).
Charles I as Supreme Governor of the Church in England believed that he had the right and duty to direct the Church; Parliament - which had passed the Acts of Uniformity and Supremacy establishing the Church of England - felt an equal obligation to preserve God's true religion in England.
England's gentry also objected to the promotion by Charles I of his clerical allies to key positions in central and local government (e.g.
history.wisc.edu /sommerville/367/367-06.htm   (1846 words)

  
 Trial of William Penn
I look upon you to be an Enemy to the Laws of England, which ought to be observed and kept, nor are you worthy of such Privileges, as others have.
The Agreement of Twelve Men is a Verdict in Law, and such a one being given by the Jury, I require the Clark of the Peace to record it, as he will answer it at his Peril.
The Recorder was originally a person with legal knowledge appointed by the mayor and aldermen to ‘record’ or keep in mind the proceedings of their courts and the customs of the city, his oral statement of these being taken as the highest evidence of fact.
tarlton.law.utexas.edu /lpop/etext/penntrial.html   (5115 words)

  
 James Wilson, Of the Study of the Law in the United States, Lectures on Law
Should the elements of a law education, particularly as it respects publick law, be drawn entirely from another country--or should they be drawn, in part, at least, from the constitutions and governments and laws of the United States, and of the several States composing the Union?
I presume to go further: the principles of our constitutions and governments and laws are materially better than the principles of the constitution and government and laws of England.
The principle I mean is this, that the supreme or sovereign power of the society resides in the citizens at large; and that, therefore, they always retain the right of abolishing, altering, or amending their constitution, at whatever time, and in whatever manner, they shall deem it expedient.
www.juntosociety.com /i_documents/jwsolus.htm   (714 words)

  
 Sources of English Constitutional History: Chapter 104
The act of the commons of England assembled in parliament for erecting of a high court of justice for the trying and judging of Charles Stuart, king of England.
And it were full as strange that they should pretend to make laws without king or lords' house, to any that have heard speak of the laws of England.
And by this time it will be too sensibly evident that the arms I took up were only to defend the fundamental laws of this kingdom against those who have supposed my power hath totally changed the ancient government.
www.constitution.org /sech/sech_104.htm   (1025 words)

  
 Fundamental Laws of England   (Site not responding. Last check: 2007-10-31)
A leading or primary principle, rule, law, or article, which serves as the groundwork of a system; essential part, as, the fundamentals of the Christian faith.
Hence: Essential, as an element, principle, or law; important; original; elementary; as, a fundamental truth; a fundamental axiom.
: Note: Outside the United Kingdom, and even in England itself, the term England is often misused as a synonym for the United Kingdom as a whole.
www.serebella.com /encyclopedia/article-Fundamental_Laws_of_England.html   (787 words)

  
 Gardiner: Constitutional Documents of the Puritan Revolution
Now I am most confident this day's proceeding cannot be warranted by God's laws; for, on the contrary, the authority of obedience unto Kings is clearly warranted, and strictly commanded in both the Old and New Testament, which, if denied, I am ready instantly to prove.
Then for the law of this land, I am no less confident, that no learned lawyer will affirm that an impeachment can lie against the King, they all going in his name: and one of their maxims is, that the King can do no wrong.
Besides, the law upon which you ground your proceedings, must either be old or new: if old, show it; if new, tell what authority, warranted by the fundamental laws of the land, hath made it, and when.
www.constitution.org /eng/conpur083.htm   (330 words)

  
 Fundamental Laws of England - The Jiggies Reference Guide   (Site not responding. Last check: 2007-10-31)
Fundamental Laws of England - The Jiggies Reference Guide
In the 1760s William Blackstone described the Fundamental Laws of England in Commentaries on the Laws of England, Book the First - Chapter the First : Of the Absolute Rights of Individuals [1] as "the absolute rights of every Englishman" and traced their basis and evolution as follows:
Blackstone's list was an 18th century constitutional view [4], and it should be noted that the Union of the Crowns had occurred in 1603 between England and Scotland, and the 1628 Petition of Right had already referred to the fundamental laws being violated [5].
www.jiggies.com /reference/Fundamental_Laws_of_England   (679 words)

  
 Ancient and Just Liberties - Suijuris Forums   (Site not responding. Last check: 2007-10-31)
and that Law which is not in being, is so far from being Common, that it is no Law at all.
that if these Ancient Fundamental Laws, which relate to Liberty and Property, and (are not limited to particular Persuasions in Matters of Religion) must not be indispensibly maintained and observed.
I affirm, that the Consent of a Jury is a Verdict in Law;
www.suijuris.net /forum/articles-news/8461-ancient-just-liberties.html   (5616 words)

  
 Learn more about Natural law in the online encyclopedia.   (Site not responding. Last check: 2007-10-31)
Learn more about Natural law in the online encyclopedia.
Hint: Play with putting spaces before and after your words to see the different results you get.
There is a also political Natural Law Party.
www.onlineencyclopedia.org /n/na/natural_law.html   (356 words)

  
 Rights: William Penn, The Excellent Priviledge of Liberty and Property Being the Birth-Right of the Free-born Subjects ...   (Site not responding. Last check: 2007-10-31)
This original happy Frame of Government is truly and properly called an Englishman's Liberty, a Privilege not exempt from the law, but to be freed in person and estate from arbitrary violence and oppression.
By the First the Subject has a share by his chosen Representatives in the Legislative (or law-making) Power; for no new laws bind the people of England, but such as are by common consent agreed on in that great Council.
But beside these paramount privileges which the English are estated in by the original Constitution of their Government, there are others more particularly declared and expressed in divers Acts of Parliament too large to be inserted in this place.
press-pubs.uchicago.edu /founders/documents/v1ch14s5.html   (312 words)

  
 Natural law - Gurupedia   (Site not responding. Last check: 2007-10-31)
The concept of natural law was very important in the development of Anglo-American
The concept of natural law was expressed in the
The Roman Catholic Church understands natural law to be immanent in nature; this understanding is in large part due to the influence of
www.gurupedia.com /n/na/natural_law.htm   (400 words)

  
 Right of Revolution: James Wilson, Of the Study of the Law in the United States, Lectures on Law   (Site not responding. Last check: 2007-10-31)
Right of Revolution: James Wilson, Of the Study of the Law in the United States, Lectures on Law
By Sir William Blackstone, from whose Commentaries, a performance in many respects highly valuable, the elements of a foreign law education would probably be borrowed--by Sir William Blackstone, this great and fundamental principle is treated as a political chimera, existing only in the minds of some theorists; but, in practice, inconsistent
Cambridge: Belknap Press of Harvard University Press, 1967.
press-pubs.uchicago.edu /founders/documents/v1ch3s13.html   (763 words)

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