Commentaries on the Laws of England: In Four Books, Volume 1A Strahan, 1825 |
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Halaman 24
... plead to it with that advice and caution that he ought . And if , after he has pleaded , the prisoner becomes mad , he shall not be tried : for how can he make his defence ? If , after he be tried and found guilty , he loses his senses ...
... plead to it with that advice and caution that he ought . And if , after he has pleaded , the prisoner becomes mad , he shall not be tried : for how can he make his defence ? If , after he be tried and found guilty , he loses his senses ...
Halaman 32
... pleads them . In this country especially , there would be a peculiar impropriety in admitting so dubious an excuse for by our laws such sufficient provision is made for the poor by the power of the civil magistrate , that it is ...
... pleads them . In this country especially , there would be a peculiar impropriety in admitting so dubious an excuse for by our laws such sufficient provision is made for the poor by the power of the civil magistrate , that it is ...
Halaman 49
... pleads that he refused the clerk for heresy , it is said that he must set forth the par- ticular point ; for the court having conusance of the original cause , must , by consequence , have a power as to all collateral and incidental ...
... pleads that he refused the clerk for heresy , it is said that he must set forth the par- ticular point ; for the court having conusance of the original cause , must , by consequence , have a power as to all collateral and incidental ...
Halaman 51
... pleaded than for the former ; being a mat- ter of private conscience , to the scruples of which our present laws have shewn a very just and christian indulgence . For undoubtedly all persecution and oppression of weak con- sciences , on ...
... pleaded than for the former ; being a mat- ter of private conscience , to the scruples of which our present laws have shewn a very just and christian indulgence . For undoubtedly all persecution and oppression of weak con- sciences , on ...
Halaman 97
... pleading to an indictment ; which at the com- mon law was capital , but without any forfeiture , and there- fore such standing mute was no felony . In short , the true criterion of felony is forfeiture ; for , as sir Edward Coke justly ...
... pleading to an indictment ; which at the com- mon law was capital , but without any forfeiture , and there- fore such standing mute was no felony . In short , the true criterion of felony is forfeiture ; for , as sir Edward Coke justly ...
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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
Bagian yang populer
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...