A new foundation had to be laid on which a new system of legality might be reared.
It wanted the element of legality, or at least of formality, which distinguished both these bodies.
This court has the supreme power in all questions of legality of a sentence, jurisdiction or competency.
The legitimate pope, Gregory XII., now consented to resign, but under strict reservation of the legality of his pontificate.
The judges and lawyers began to question the legality of his ordinances, and to doubt their competency to convict royalist prisoners of treason.
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.
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.
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.
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.
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.
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Horne's consecration, and a special act of parliament was passed to meet the point, while the charge against Bonner was withdrawn.
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.
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.
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.
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.
Cromwell had no patience with formal pedantry of this sort; and in point of strict legality "The Rump" of the Long Parliament had little better title to authority than the officers who expelled it from the House.
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.
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.
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.
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.
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.
The difficult question of its legality is discussed in the article Vestments.
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.
In spite of her first refusal to submit, she was induced by the arguments of the vice-chamberlain, Sir Christopher Hatton, to appear before this tribunal on condition that her protest should be registered against the legality of its jurisdiction over a sovereign, the next heir of the English crown.
Chambers of Reunion were appointed to give an appearance of legality to these proceedings, which culminated, in 1681, in the seizure of Strassburg.
This term may be more properly applied to those who still refuse to recognize the legality of the acts by which the empire was founded.
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."
On the one hand, however, he alienated even reasonable opponents by offering no guarantees that equality so gained would not be converted into superiority by the aid of his own military force and of the assistance of the French king; whilst on the other hand he relied, even more strongly than his father had done, on the technical legality which exalted the prerogative in defiance of the spirit of the law.
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.
Ignatius, continuing to refuse the abdication which could alone have given Photius's elevation a semblance of legality, was treated with extreme severity.
213), the St Paul's reredos case, the bishop refused further proceedings against the legality of a structure containing sculptured figures of Christ on the Cross and the Virgin and Child.
The German democrats appealed for aid to the Hungarian government; but the Magyar passion for constitutional legality led to delay, and before the Hungarian advance could be made effective, it was too late.