Commentaries on the Laws of England: In Four Books, Volume 1A Strahan, 1825 |
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Halaman 15
... kill ( 6 ) , is far less penal that the actual robbery , rape , or murder . But in the case of a treasonable conspiracy , the object whereof is the king's majesty , the bare intention will deserve the highest degree of severity ; not ...
... kill ( 6 ) , is far less penal that the actual robbery , rape , or murder . But in the case of a treasonable conspiracy , the object whereof is the king's majesty , the bare intention will deserve the highest degree of severity ; not ...
Halaman 16
... kills his master , it is a species of treason ; in another it is only murder : to steal a handkerchief , or other trifle of above the value of twelve pence , privately from one's person , is made capital ( 7 ) ; but to carry off a load ...
... kills his master , it is a species of treason ; in another it is only murder : to steal a handkerchief , or other trifle of above the value of twelve pence , privately from one's person , is made capital ( 7 ) ; but to carry off a load ...
Halaman 23
... killing her mistress : and one boy of ten , and another of nine years old , who had killed their companions , have been sen- tenced to death , and he of ten years actually hanged ; be- cause it appeared upon their trials , that the one ...
... killing her mistress : and one boy of ten , and another of nine years old , who had killed their companions , have been sen- tenced to death , and he of ten years actually hanged ; be- cause it appeared upon their trials , that the one ...
Halaman 27
... kills one of his own family , this is no criminal action : but if a man thinks he has a right to kill a person excommunicated or outlawed , wherever he meets him , and does so ; this is wilful murder . For a mistake in point of law ...
... kills one of his own family , this is no criminal action : but if a man thinks he has a right to kill a person excommunicated or outlawed , wherever he meets him , and does so ; this is wilful murder . For a mistake in point of law ...
Halaman 31
... killing an innocent person ; this fear and force shall not acquit him of murder ; for he ought rather to die himself , than es- cape by the murder of an innocent " . But in such a case he is permitted to kill the assailant ; for there ...
... killing an innocent person ; this fear and force shall not acquit him of murder ; for he ought rather to die himself , than es- cape by the murder of an innocent " . But in such a case he is permitted to kill the assailant ; for there ...
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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
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Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 53 - Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws...
Halaman 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.
Halaman 53 - RELIGION which only concern the confession of the true Christian faith and the doctrine of the Sacraments...
Halaman 58 - ... the sacrament of the Lord's Supper according to the usage of the Church of England...