Commentaries on the Laws of England, Volume 4A. Strahan, 1800 - Law |
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Page xvi
... fact , never exercised by any , ) of punishing not only their own fubjects , but also foreign ambaffadors , even with death itself ; in cafe they have offended , not indeed against the municipal laws of the country , but against the ...
... fact , never exercised by any , ) of punishing not only their own fubjects , but also foreign ambaffadors , even with death itself ; in cafe they have offended , not indeed against the municipal laws of the country , but against the ...
Page 13
... fact in question , being the only thing that renders human actions either praiseworthy or culpable . [ 21 ] Indeed , to make a complete crime cognizable by human laws , there must be both a will and an act . For though , in foro ...
... fact in question , being the only thing that renders human actions either praiseworthy or culpable . [ 21 ] Indeed , to make a complete crime cognizable by human laws , there must be both a will and an act . For though , in foro ...
Page 16
... fact committed , But by the law , as it now ftands , and has stood at least ever fince the time of Edward the third , the capacity of doing ill , or contracting guilt , is not so much measured by years and days , as by the strength of ...
... fact committed , But by the law , as it now ftands , and has stood at least ever fince the time of Edward the third , the capacity of doing ill , or contracting guilt , is not so much measured by years and days , as by the strength of ...
Page 20
... fact , and not an error in point of law . As if a man , intending to kill a thief or houfebreaker in his own houfe , by mistake kills one of his own family , this is no criminal action ; but if a man thinks he has a right to kill a ...
... fact , and not an error in point of law . As if a man , intending to kill a thief or houfebreaker in his own houfe , by mistake kills one of his own family , this is no criminal action ; but if a man thinks he has a right to kill a ...
Page 27
... fact to be done . Which prefence need not always be an actual immediate ftand- ing by , within fight or hearing of the fact ; but there may be alfo a constructive prefence , as when one commits a rob- bery or murder , and another keeps ...
... fact to be done . Which prefence need not always be an actual immediate ftand- ing by , within fight or hearing of the fact ; but there may be alfo a constructive prefence , as when one commits a rob- bery or murder , and another keeps ...
Common terms and phrases
acceffory accufation act of parliament affift againſt alfo alſo antient attainder becauſe benefit of clergy cafe capital caufe cauſe civil commiffion committed common law confequence conftitution convicted court-leet crime criminal crown death difcretion Edward Coke Eliz enacted eſtabliſhed execution faid fame fecond fecurity feems feffions felony felony without benefit feven feveral fhall fhould fince firft firſt fociety fome forfeit forfeiture fpecial fpecies ftatute ftealing ftill fubject fuch fuffer fufficient fuit guilty hath Hawk high treafon himſelf houfe houſe iffue impriſonment indictment Inft inftance itſelf judges judgment juftice jurifdiction jury kill king king's bench larciny lord Matthew Hale ment mifdemefnors moſt muft murder muſt neceffary oath obferved occafioned offence otherwife pardon parliament party peace penalties perfon praemunire prefent prifoner profecution puniſhment purpoſe refpect reign ſhall ſtate ſuch thefe themſelves theſe thofe thoſe tion tranſportation trial ufually unleſs uſed writ
Popular passages
Page 134 - 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 79 - ... 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 xiii - A crime, or misdemeanor, is an act committed or omitted in violation of a public law, either forbidding or commanding it.
Page 192 - ... 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 14 - ... 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 79 - 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 181 - 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 239 - 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 2 - 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.