The Office and Duties of Masters in Chancery and Practice in the Master's Office: With an Appendix of Precedents (Classic Reprint)

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Fb&c Limited, 3 Νοε 2017 - 460 σελίδες
Excerpt from The Office and Duties of Masters in Chancery and Practice in the Master's Office: With an Appendix of Precedents

One of the leading doctrines of the civil code and which probably was the chief cause of the opposition it encountered, was the supremacy of the Monarch in legislation. He was considered as the sole author and arbiter of the laws, which were subject to alteration or reversal at his despotic will.(4) This doctrine was fortunately as hostile to the system of Feudalism, as destructive of the principles of liberty. It could not be endured by those, whose fathers had been accus tomed amid the clash of their shields to sanction the decrees of their chiefs; and who' themselves, in a regular public bo dy, partook of the dignity and power of legislation. Such a body existed in all the countries of Europe which were influenced by the Feudal system. In England, there is no trace of the monarch's claiming the right of making laws, prior to the Norman conquest. They were passed, and with out a question of its authority, by an assembly, of which he was but a member.(5)

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