For a long time it was thought that precedents could have no place in equity, inasmuch as it professed in each case to do that which was just; and we find this view maintained by common lawyers after it had been abandoned by the professors of equity themselves.
But the lord keeper Bridgeman answered: "Certainly precedents are very necessary and useful to us, for in them we may find the reasons of the equity to guide us, and besides the authority of those who made them is much to be regarded.
At a very early age he entertained an exalted idea of his own divine authority, and his studies were largely devoted to searching in the Scriptures and the Slavonic chronicles for sanctions and precedents for the exercise and development of his right divine.
His knowledge of Roman and foreign law, and the general width of his education, freed him from the danger of relying too exclusively upon narrow precedents, and afforded him a storehouse of principles and illustrations, while the grasp and acuteness of his intellect enabled him to put his judgments in a form which almost always commanded assent.
It declares that henceforward scutages shall be taken according to the precedents of Henry II.'s reign.
The council of Constance, and the deposition of John XXIII., were satisfactory precedents still remembered by the world.
Such legends often arise to connect towns bearing identical or similar names (such as are common in Greece) and to justify political events or ambitions by legendary precedents; and this certainly happened during the successive political rivalries of Dorian Sparta with non-Dorian Athens and Thebes.
These precedents (in which it will be seen that "good offices" and "mediation" are used interchangeably) were followed in the general act agreed to at the Conference held at Berlin in1884-1885the object of which was to secure religious and commercial liberty and to limit warlike operations in the Congo basin.
It was nearly two hundred years since the Republic had suffered from an interregnum, and the precedents of 1382 were obsolete.
This remarkable document opens by citing a long series of precedents for the suppression of religious orders by the Holy See, amongst which occurs the ill-omened instance of the Templars.
These precedents were followed in all the revolutionary constitutions, except in Georgia, where election by the people was established.
The new court, if adopted, would hold regular and continuous sessions, consist of the same judges, and pay due heed to the precedents created by its prior decisions.
With these precedents and current instances of tendency to place the territorial relations of the powers on a permanent footing of respect for the existing status quo, it seems possible to go beyond the mere enunciation of principles, and to take a step towards their practical realization, by agreeing to respect the territorial status quo throughout still larger tracts of the world, neutralize them, and thus place them outside the area of possible wars.
His skill in marshalling facts and his clearness of diction were marvellous.
It is obvious, from their very nature, that these legal precedents could not have been included in the covenant which the people (xxiv.
An orator will hold the interest of his hearers for hours together at a political gathering, and in his speech he will bring in historical allusions and precedents, and will make apt quotations from ancient legends in a manner which would do credit to the best parliamentary orators.
They were always mitigations of satisfactions or penances which had been imposed by the church as outward signs of inward sorrow, tests of fitness for pardon, and the needful precedents of absolution.
During the century which had elapsed since the expulsion of the Peisistratids and the establishment of the democracy, the Athenian constitution had developed with a rapidity which produced an oligarchical reaction, and the discussion of constitutional principles and precedents, always familiar to the citizen of Athens, was thus abnormally stimulated.
The state even afforded them protection against extreme cruelty on the part of their masters in respect of life and limb, but in laying down this rule English lawyers were able to follow the precedents set by late Roman jurisprudence, especially by measures of Hadrian, Antonine and Constantine the Great.
The Canzoniere and the Decameron distinguish themselves from medieval literature, not by any return to classical precedents, but by free self-conscious handling of human nature.
Even the comedies of the best authors are too observant of Latin precedents, although some pieces of Machiavelli, Ariosto, Aretino, Cecchi and Gelli are admirable for vivid delineation of contemporary manners.
§ I) - contemporary custom or ideals could appear to have ancient precedents, or by means of an exegetical process they could be directly connected with old models.
After some partial precedents of early date (e.g.
All these precedents seemed to indicate that Spain and Portugal would ultimately form one state; and despite the strong nationalism which their separate language and Lisbon.
The early Capetians had a custom, based upon ancient precedents, of summoning periodically to their court their principal vassals and the prelates of their kingdom.
Doubts having been raised whether a bishop of the Church of England, being a lord of parliament, could resign his seat in the Upper House, although several precedents to that effect are on record, a statute of the realm, which was confined to the case of the bishops of London and Durham, was passed in 1856, declaring that on the resignation of their sees being accepted by their respective metropolitans, those bishops should cease to sit as lords of parliament, and their sees should be filled up in the manner provided by law in the case of the avoidance of a bishopric. In 1869 the Bishops' Resignation Act was passed.
It is probable that among themselves the Italians kept to their old usages and legal precedents where they were not overridden by the conquerors' law, and by degrees a good many of the Roman civil arrangements made their way into the Lombard code, while all ecclesiastical ones, and they were a large class, were untouched by it.
These processions were of great magnificence.2 Some liturgists maintain that the early Church in its processions followed Old Testament precedents, quoting such cases origin of as the procession of the ark round the walls of Jericho (Josh.
Representatives from the four counties were accordingly called before the privy council, where Sir Edward Coke defended the action of the king, quoted the Tudor precedents and urged that the act of 1484 was to prevent exactions, not voluntary gifts such as James had requested.
He denies that the precedents of the eunuch baptized by Philip or of Paul baptized without hesitation by Simon (to which the other party appealed) were relevant.
Then had early precedents for separating confirmation from baptism.t.
In so far as it was a mere agreement of a man and woman to live together as husband and wife, it had precedents both Roman and Teutonic. There was also Roman and Teutonic example for recognizing the children of such a union as having rights of inheritance.
And subalterns should be shot or sent to penal servitude for acts of indiscipline, but if an insubordinate general was sent to a fortress under arrest for two months they publicly demonstrated their sympathy with the offender, made angry speeches against their hierarchical chief, the war minister, in the Senate, and dared to call upon the queen-regent to make representations, which unfortunately were listened to, according to the worst precedents of the Spanish monarchy.
An assembly of peers and barons, relying on two precedents under Philip V.
It may, nevertheless, be doubted whether enough attention was paid to the local peculiarities of Ireland, and whether English precedents were not too closely followed.
Their effort is to expound Christianity, not from the point of view of philosophy like the Hegelians, nor from that of an abstract conception of religion, tempered by regard for historical precedents, like Schleiermacher, but from its own, from the Christian point of view.
Lord Palmerston, however, with some tact postponed the controversy for the time by obtaining the appointment of a committee to search for precedents; and, after the report of the committee, he moved a series of resolutions affirming the right of the Commons to grant aids and supplies as their exclusive privilege, stating that the occasional rejection of financial measures by the Lords had always been regarded with peculiar jealousy, but declaring that the Comnions had the remedy in their own hands by so framing bills of supply as to secure their acceptance.
These forms take no place in the gradual development of English institutions, and have never been referred to as affording precedents to be followed.
The Commons accordingly, in 1665, succeeded in enforcing, on precedents derived from the reigns of Richard II.
The great lawyers of the day, of whom Bracton is the most celebrated name, were spinning theories of its origin and development, studying Roman precedents, and turning the medley of half-understood Saxon and Norman customs into a system -
The barons expressed their wish for a peace with France, and when summoned to produce their feudal contingents pleaded poverty, and raised a rather shallow theory to the effect that their services could not be asked for wars beyond seasagainst which there were conclusive precedents in the reigns of Henry I.
It was the first of the many -occasions in English history when the demand for reform took the shape of a reference back to old precedents, and now (as on all subsequent occasions) the party which opposed the crown read back into the ancient grants which they quoted a good deal more than had been.