Commentaries on the Laws of England: In Four Books, Volume 1A Strahan, 1825 - Law |
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Page 11
... receive the interpretations that are given by the sovereign power . 2. As to the end or final cause of human punishments . This is not by way of atonement or expiation for the crime committed ; for that must be left to the just ...
... receive the interpretations that are given by the sovereign power . 2. As to the end or final cause of human punishments . This is not by way of atonement or expiation for the crime committed ; for that must be left to the just ...
Page 26
... receive a double punishment ; " one for the crime itself , and the other for the ebriety which prompted him to commit it . The Roman law indeed made great allowances for this vice : " per vinum delapsis capitalis poena remittitur ...
... receive a double punishment ; " one for the crime itself , and the other for the ebriety which prompted him to commit it . The Roman law indeed made great allowances for this vice : " per vinum delapsis capitalis poena remittitur ...
Page 37
... receives , relieves , comforts , or assists the felon . Therefore to make an ac- cessory ex post facto , it is , in the first place , requisite that he knows of the felony committed ' . In the next place , he must receive , relieve ...
... receives , relieves , comforts , or assists the felon . Therefore to make an ac- cessory ex post facto , it is , in the first place , requisite that he knows of the felony committed ' . In the next place , he must receive , relieve ...
Page 38
... received the goods only , and not the felon " : but now by the statutes 5 Ann . c . 31. and 4 Geo . I. c . 11. all such ... receive one another . If the parent assists his child , or the child his parent , if the brother receives the ...
... received the goods only , and not the felon " : but now by the statutes 5 Ann . c . 31. and 4 Geo . I. c . 11. all such ... receive one another . If the parent assists his child , or the child his parent , if the brother receives the ...
Page 39
... receive the same punishment . Why then it may be asked , are such elaborate distinctions , made between accessories and principals , if both are to suffer the same punishment ? For these reasons : 1. To distinguish the nature and ...
... receive the same punishment . Why then it may be asked , are such elaborate distinctions , made between accessories and principals , if both are to suffer the same punishment ? For these reasons : 1. To distinguish the nature and ...
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Common terms and phrases
accessory accused act of parliament afterwards antient appeal attainder benefit of clergy capital punishment church civil coin committed common law consequence conviction counterfeit court of king's court-leet crime criminal crown death declared Eliz enacted excuse execution false felony without benefit forfeit forfeiture former Fost guilty hard labour hath Hawk high treason homicide Ibid imprisonment indictment inflicted Inst intent judge judgment jurisdiction jury justice kill king king's bench kingdom lands larciny liable lord lord high steward magistrate maliciously manslaughter ment misdemesnors misprision murder nature oath offence officer oyer and terminer pardon parliament party peace peers penalties perjury person petit plea plead praemunire present principal prisoner prosecution realm reign repealed robbery se defendendo sheriff sir Matthew Hale species Stat statute stealing therein tion transportation for seven trial unlawful unless warrant weregild witnesses writ
Popular passages
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 190 - So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.
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...
Page 58 - ... the sacrament of the Lord's Supper according to the usage of the Church of England...