For the question of its legality see Vestments.
Hastings always maintained that he did not cause the charge to be instituted, and the legality of Nuncomar's trial is thoroughly proved by Sir James Stephen.
Vallandigham in May, and, although he responded immediately to the call for militia in June, he thought the Conscription Act unnecessary and unconstitutional and urged the president to postpone the draft until its legality could be tested.
He challenged the legality of Horne's consecration, and a special act of parliament was passed to meet the point, while the charge against Bonner was withdrawn.
The judges and lawyers began to question the legality of his ordinances, and to doubt their competency to convict royalist prisoners of treason.
The parliamentary party took leave of legality when they took up arms against the sovereign, and it was therefore idle to dream of a formally legal sanction for any of their subsequent revolutionary proceedings.
A new foundation had to be laid on which a new system of legality might be reared.
Gardiner (Cromwell, p. 315), that "what makes Cromwell's biography so interesting in his perpetual effort to walk in the paths of legality - an effort always frustrated by the necessities of the situation.
This court has the supreme power in all questions of legality of a sentence, jurisdiction or competency.
It wanted the element of legality, or at least of formality, which distinguished both these bodies.
There had already been other schisms on such questions as the right way to swing a censer and the legality of self-immolation for the Lord's sake.
Returning to England he took part in the debates in parliament on the Wilkes case, in which he opposed the views of the court, speaking strongly against the legality of general warrants.
Lucien also gathered together a small group of the younger deputies to throw the cloak of legality over the events of the day.
The measure proved to be the deportation of the leading Jacobins; and a cloak of legality was cast over this extraordinary proceeding by a special decree of the senate (avowedly the guardian of the constitution) that this act of the government was a "measure tending to preserve the constitution" (5th of January 1801).
Drew (1827-1900), the Democratic candidate for governor, then secured a mandamus from the circuit court restraining the board from going behind the face of the election returns; this was not obeyed and a similar mandamus was therefore obtained from the supreme court of Florida, which declared that the board had no right to determine the legality of a particular vote.
The supreme court is almost without exception a court of appeal with jurisdiction in cases involving at least $2000, in cases of divorce, in suits regarding adoption, legitimacy and custody of children and as regards the legality and constitutionality of taxes, fines, &c. The supreme court appoints courts of appeal to judge cases involving less than $2000.
It will be observed that the legality of the trial, in so far as the jurors were not properly qualified and the law of treason was shamefully strained, was denied in the act of William & Mary which annulled the attainder.
On the same day Count Louis Batthyany, who had taken no part in the war and had done his utmost to restrain his countrymen within the bounds of legality, was shot at Pest.
Though he recognized the legality of the Stamp Act of 1765, he considered the measure inexpedient and impolitic and urged its repeal, but his attitude was misunderstood; he was considered by many to have instigated the passage of the Act, and in August 1765 a mob sacked his Boston residence and destroyed many valuable manuscripts and documents.
It is, therefore, as regards both the potestas ordinis and jurisdiction, substantially the same as other offences, the legality of the sentence being finally confirmed by the House of Lords on the 25th of January 1705.
An officer whose nature, as the event showed, was interpenetrated with the spirit of legality was a fitting servant of a revolution whose aim it was to substitute legality for personal caprice as the dominant principle of affairs.
The supreme court has original jurisdiction in habeas corpus, quo warranto and mandamus proceedings against all state officers; and it has appellate jurisdiction except in civil actions for the recovery of money or personal property, in which the original amount in controversy does not exceed $200, and which at the same time do not involve the legality of a tax, impost, assessment, toll or municipal fine, or the validity of a statute.
When, at the beginning of 1568, Eric recovered his reason, a reconciliation was effected between the king and the duke, on condition that John recognized the legality of his brother's marriage with Karin Mansdatter, and her children as the successors to the throne.
The difficult question of its legality is discussed in the article Vestments.
The question of the legality of reservation was brought before the two archbishops in 1899, under circumstances analogous to those in the Lambeth Hearing on Incense.
As early as 1835 the legislature adopted a resolution which asserted the legality of slavery in the Territories, a principle adopted by Congress in the Kansas Bill in 1854, and in 1847 ex-Governor Wilson Lumpkin (1783-1870) advocated the organization of the Southern states to resist the aggression of the North.
The Pharisees themselves could not but see that their principles were politically impotent; the most scrupulous observance of the Sabbath, for example - and this was the culminating point of legality - could not thrust back the heathen.
The legitimate pope, Gregory XII., now consented to resign, but under strict reservation of the legality of his pontificate.
Little can be said personal service, endeavouring to establish the legality of his of Lee's career as a commander-in-chief that is not an integral marriage with Anne, until May 1534, when he was appointed part of the history of the Civil War.
There is no question of the legality of the pope's act; whether he was morally culpable, however, continues to be a matter of bitter controversy.
Soon after his elevation the nation was thrown into great excitement about the prosecution of John Wilkes, and the question involved in it of the legality of "general warrants."
Chief-Justice Pratt pronounced, with decisive and almost passionate energy, against their legality, thus giving voice to the strong feeling of the nation and winning for himself an extraordinary degree of popularity as one of the "maintainers of English constitutional liberty."
Ignatius, continuing to refuse the abdication which could alone have given Photius's elevation a semblance of legality, was treated with extreme severity.
The most ascetic Christians began to question the legality of second marriages on the part of either sex, as even paganism had often reprobated second marriages of women.
On the case being appealed to the Privy Council, this particular indictment was dismissed on the ground that the vicar, not the bishop, was responsible for the presence of the lights, the general question of the legality of altar lights being discreetly left open.
In the case of imprisonment on accusation of crime the writ issued from the court of king's bench (or from the chancery), and on its return the court judged of the legality of the imprisonment, and discharged the prisoner or admitted him to bail or remanded him to his former custody according to the result of the examination.
2 This led to legislation in 1640 by which, after abolishing the Star Chamber, the right to a habeas corpus was given to test the legality of commitments by command or warrant of the king or the privy council.3 The reign of Charles II.
In 1668 a writ of habeas corpus was issued to test the legality of an imprisonment in Jersey.
As regards persons imprisoned for debt or on civil process the writ was available at common law to test the legality of the detention: but the practice in these cases is unaffected by the act of 1679, and is of no present interest, since imprisonment on civil process is almost abolished.
In the case of the Canadian prisoners (1839) it was used to obtain the release of persons sentenced in Canada for participating in the rebellion of 1837, who were being conveyed throughout England in custody on their way to imprisonment in another part of the empire, and it is matter of frequent experience for the courts to review the legality of commitments under the Extradition Acts and the Fugitive Offenders Act 1881, of fugitives from the justice of a foreign state or parts of the king's dominions outside the British Islands.
They were of Norman, Saxon or Welsh descent, and became so exclusive in their relationships that dispensations were frequently requisite for the canonical legality of marriages among them.
The reason is, that in order to depose them with some show of legality, it was necessary, as a preliminary, to convict them of heresy, and it began to be seen that their tenacity of power, and the ruses by which they evaded the necessity of abdicating, however harmful might be their consequences, did not in themselves constitute a clearly-defined heresy.
Both the deposed pontiffs protested against the legality of the council of Pisa; each had numerous partisans, and the thesis, constructed rather to meet the exigencies of the case,.
Jacques decided on the legality of suppressing the order of the Templars, holding that the pope would be serving the best interests of the church by pronouncing its suppression; but he rejected the condemnation of Boniface as a sacrilegious affront to the church and a monstrous abuse of the lay power.
But a succession through females could not reasonably have been objected to after Edward III.'s claim to the crown of France; and, apart from strict legality, the duke's claim was probably supported in the popular estimation by the fact that he was descended from Edward III.
The opinion of all the judges taken at the time was in favour of the legality of this procedure.
In 1368 his greatest vassals, the counts of Armagnac, Prigord and Comminges, displayed their disloyalty by appealing to the king of France as their~suzerain against the legality of Edwards imposts.
This part of Henrys policy is connected with the name of his two extortionate fiscal judges Empson and Dudley, who turned law and justice into rapine by their minute inquisition into all technical breaches of legality, and the nice fashion in which they adapted the fine to the wealth of the misdemeanant, without any reference to his moral guilt or any regard for extenuating circumstances.
The legality of this suggestion was more than doubtful, but it was none the less acted on, and a series of press prosecutions followed, someas in the case of the bookseller William Honeon grounds so trivial that juries refused to convict.
This leniency may have been partly due to doubts as to the legality of the demand for his surrender by the Hamburg authorities; but the government was probably more influenced by Cornwallis's opinion that Tandy was "a fellow of so very contemptible a character that no person in this country (Ireland) seems to care the smallest degree about him."