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according action afterwards allowed antient appeal authority benefit of clergy called capital carried cause charged civil committed common law consequence considered constitution conviction court crime criminal crown death directed Eliz enacted England established evidence execution extended fact felony forfeiture former give given guilty hand hath Hawk held imprisonment indictment inflicted Inst intent issue judge judgment jurisdiction jury justice kill kind king king's kingdom lands larciny lord manner matter means ment mentioned misdemesnors murder nature necessary never oath observed offence officer otherwise pardon parliament particular party peace penalties person plea plead present principal prisoner proceedings prosecution punishment receive reign respect rule seems species statute suffer taken term thing transportation treason trial tried unless usually warrant whole witnesses writ
Page 151 - The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this is to destroy the freedom of the press, but if he publishes what is improper, mischievous or illegal, he must take the consequences of his own temerity.
Page 151 - But to punish, as the law does at present, any dangerous or offensive writings which when published shall on a fair and impartial trial' be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty.
Page 377 - That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; 11. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders; 12. That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void; 13.
Page 81 - Queen, or of their eldest son and heir; or if a man do violate the King's companion, or the King's eldest daughter unmarried, or the wife of the King's eldest son and heir; or if a man do levy war against our lord the King in his realm...
Page 191 - When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 53 - Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws...
Page 213 - It is true that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered that it is an accusation easily to be made and hard to be proved and harder to be defended by the party accused, though never so innocent.
Page 53 - RELIGION which only concern the confession of the true Christian faith and the doctrine of the Sacraments...