Commentaries on the Laws of England, Volume 4 |
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according action afterwards againſt allowed alſo antient appear authority becauſe benefit of clergy called capital carried caſe cauſe church civil committed common law conſequence conſidered continued convicted court crime criminal crown death Eliz enacted England eſtabliſhed evidence execution fact felony firſt force forfeiture former give given guilty hand hath Hawk held high treaſon himſelf houſe impriſonment indictment inflicted intent judges judgment jury juſtice kill king king's kingdom lands lord manner matter means ment miſdemeſnor moſt murder muſt nature never oath obſerved offence otherwiſe pardon parliament particular party peace penalties perſon preſent principal priſoner proſecution puniſhment receive reign rule ſaid ſame ſecond ſeems ſeveral ſhall ſhould ſome ſpecies ſtate ſtatute ſubject ſuch ſuffer taken theſe thing thoſe tion treaſon trial tried unleſs uſe whole
Popular passages
Page 139 - LASTLY, extortion is an abuse of public justice, which consists in any officer's unlawfully taking, by colour of his office, from any man, any money or thing of value, that is not due to him, or more than is due, or before it is due ". The punishment is fine and imprisonment, and sometimes a forfeiture of the office.
Page 83 - ... it is accorded, that if any other case supposed treason which is not above specified, doth happen before any justices, the justices shall tarry without any going to judgment of the treason, till the cause be shewed and declared before the King and his parliament, whether it ought to be judged treason or other felony.
Page 3 - A crime, or misdemeanor, is an act committed or omitted in violation of a public law, either forbidding or commanding it.
Page 194 - ... without any warrant or authority from any power either divine or human, but in direct contradiction to the laws both of God and man : and therefore the law has justly fixed the crime and punishment of murder, on them, and on their seconds also z.
Page 20 - ... 2. Where there is understanding and will sufficient residing in the party, but not called forth and exerted at the time of the action done, which is the case of all offences committed by chance or ignorance. Here the will sits neuter; and neither concurs with the act, nor disagrees to it.
Page 377 - IN petit treason and felony, the offender also forfeits all his chattel interests absolutely, and the profits of all estates of freehold during life ; and, after his death, all his lands and tenements in fee...
Page 81 - Or if a Man do levy War against our Lord the King in his Realm, or be adherent to the King's Enemies in his Realm, giving to them Aid and Comfort in the Realm or elsewhere...
Page 183 - A felo de se therefore is he that deliberately puts an end to his own existence, or commits any unlawful malicious act, the consequence of which is his own death : as if attempting to kill another, he runs upon his antagonist's sword : or shooting at another the gun bursts and kills himself.
Page 243 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right
Page 8 - For, though the end of punishment is to deter men from offending, it never can follow from thence, that it is lawful, to deter them at any rate and by any means ; since there may be unlawful methods of enforcing obedience even to the justest laws.