Commentaries on the laws of England. [Another], Volume 4T. Cadell and J. Butterworth, 1825 - Law |
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Page 4
... judge without passion or prejudice how adequate they are to the evil . It is never usual in the house of peers even to read a ... judges , and hearing their report thereon . And surely equal precaution is necessary , when laws are to be ...
... judge without passion or prejudice how adequate they are to the evil . It is never usual in the house of peers even to read a ... judges , and hearing their report thereon . And surely equal precaution is necessary , when laws are to be ...
Page 8
... judges in their own causes , which is one of the evils that civil government was intended to remedy . Whatever power therefore indivi- duals had of punishing offences against the law of nature , that is now vested in the magistrate ...
... judges in their own causes , which is one of the evils that civil government was intended to remedy . Whatever power therefore indivi- duals had of punishing offences against the law of nature , that is now vested in the magistrate ...
Page 19
... judges , through compassion , will respite one half of the convicts ; and recommend them to the royal mercy . Among so many chances of escaping , the needy and hardened offender overlooks the multitude that suffer ; he boldly engages in ...
... judges , through compassion , will respite one half of the convicts ; and recommend them to the royal mercy . Among so many chances of escaping , the needy and hardened offender overlooks the multitude that suffer ; he boldly engages in ...
Page 23
... judges that he was a proper subject of capital punish- ment . But , in all such cases , the evidence of that malice e Mir . c . 4. § 16. 1 Hal . P. C. 27 . f Dalt . Just . c . 147 . 1 Hal . P. C. 26 , 27 . h Emlyn on 1 Hal . P. C. 25 ...
... judges that he was a proper subject of capital punish- ment . But , in all such cases , the evidence of that malice e Mir . c . 4. § 16. 1 Hal . P. C. 27 . f Dalt . Just . c . 147 . 1 Hal . P. C. 26 , 27 . h Emlyn on 1 Hal . P. C. 25 ...
Page 30
... judges , the nature of the respective punishments , and other causes concurred with technical reasons to produce them . ( 5 ) The only force that doth excuse is a force upon the person , and pre- sent fear of death , and this force and ...
... judges , the nature of the respective punishments , and other causes concurred with technical reasons to produce them . ( 5 ) The only force that doth excuse is a force upon the person , and pre- sent fear of death , and this force 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 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 proceedings 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 149 - 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 150 - 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 187 - 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 50 - Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws...
Page 50 - RELIGION which only concern the confession of the true Christian faith and the doctrine of the Sacraments...
Page 188 - 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 210 - 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 57 - ... the sacrament of the Lord's Supper according to the usage of the Church of England...
Page 131 - Eliz. c. 2., to be punished by six months' imprisonment, and treble damages to the party injured. 12. MAINTENANCE is an offence that bears a near relation to the former ; being an officious intermeddling in a suit that 135 ] no way belongs to one, by maintaining or assisting either party with money or otherwise, to prosecute or defend it • : a practice that was greatly encouraged by the first introduction of uses w.
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