Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
THUS we see how extensively the laws of Ireland communicate with those
of England: and indeed such communication is highly necessary, as the
ultimate resort from the courts of justice in Ireland is, as in Wales,
to those in England; a writ of error (in the nature of an appeal)
lying from the king's bench in Ireland to the king's bench in
England[s], as the appeal from all other courts in Ireland lies
immediately to the house of lords here: it being expressly declared,
by the same statute 6 Geo. I. c. 5. that the peers of Ireland have no
jurisdiction to affirm or reverse any judgments or decrees whatsoever.
The propriety, and even necessity, in all inferior dominions, of this
constitution, "that, though justice be in general administred by
courts of their own, yet that the appeal in the last resort ought to
be to the courts of the superior state," is founded upon these two
reasons. 1. Because otherwise the law, appointed or permitted to such
inferior dominion, might be insensibly changed within itself, without
the assent of the superior. 2. Because otherwise judgments might be
given to the disadvantage or diminution of the superiority; or to make
the dependence to be only of the person of the king, and not of the
crown of England[t].
[Footnote s: This was law in the time of Hen. VIII. as appears by the
antient book, entituled, _diversity of courts, c. bank le roy_.]
[Footnote t: Vaugh. 402.]
WITH regard to the other adjacent islands which are subject to the
crown of Great Britain, some of them (as the isle of Wight, of
Portland, of Thanet, &c.) are comprized within some neighbouring
county, and are therefore to be looked upon as annexed to the mother
island, and part of the kingdom of England. But there are others,
which require a more particular consideration.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account