Commentaries on the Laws of England: In Four Books ; with an Analysis of the Work, Volume 4S. Sweet, 1836 |
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Halaman xviii
... guilty . 332-341 2. Hereupon issue is joined by the clerk of the arraigns , on behalf of the king . 341 CHAPTER XXVII . OF TRIAL , AND CONVICTION . 1. TRIALS of offences , by the laws of England , were and are , I. By ordeal , of either ...
... guilty . 332-341 2. Hereupon issue is joined by the clerk of the arraigns , on behalf of the king . 341 CHAPTER XXVII . OF TRIAL , AND CONVICTION . 1. TRIALS of offences , by the laws of England , were and are , I. By ordeal , of either ...
Halaman 13
... guilty ( if convicted ) should suffer no more than the innocent has done before him : especially as the suffering of the innocent is past and irrevo- cable , that of the guilty is future , contingent , and liable to be escaped or evaded ...
... guilty ( if convicted ) should suffer no more than the innocent has done before him : especially as the suffering of the innocent is past and irrevo- cable , that of the guilty is future , contingent , and liable to be escaped or evaded ...
Halaman 16
... guilty in respect thereof , whether as principals or accessaries , shall be dealt with , indicted , tried , and punished as principals and accessaries in murder . " See 1 Hawk . P. C. 6th edit . 105 ; 5 Chitty's Burn's J. last edit ...
... guilty in respect thereof , whether as principals or accessaries , shall be dealt with , indicted , tried , and punished as principals and accessaries in murder . " See 1 Hawk . P. C. 6th edit . 105 ; 5 Chitty's Burn's J. last edit ...
Halaman 22
... guilty of a crime , according to his natural capacity or in- capacity . This was the dubious stage of discretion : but , under twelve , it was held that he could not be guilty in will , neither after fourteen could he be supposed ...
... guilty of a crime , according to his natural capacity or in- capacity . This was the dubious stage of discretion : but , under twelve , it was held that he could not be guilty in will , neither after fourteen could he be supposed ...
Halaman 23
... guilty of felony ( g ) . Also , un- der fourteen , though an infant shall be prima facie adjudged to be doli incapax ; yet if it appear to the court and jury , that he was doli capax , and could discern between good and evil , he may be ...
... guilty of felony ( g ) . Also , un- der fourteen , though an infant shall be prima facie adjudged to be doli incapax ; yet if it appear to the court and jury , that he was doli capax , and could discern between good and evil , he may be ...
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9 Geo accessary act of parliament afterwards ancient appear assault assizes attainder bail benefit of clergy burglary capital capital punishment charged civil coin committed common law convicted counterfeit court of King's court-leet crime criminal crown custody death defendant Eliz enacted England evidence execution false felony forfeit forfeiture Fost gaol guilty of felony Hale hath Hawk held high treason homicide Ibid imprisonment indictment inflicted Inst intent judge judgment jurisdiction jury justice kill king King's Bench land larceny liable lord magistrate maliciously manslaughter ment misdemeanor murder oath offence officer oyer and terminer pardon parliament party peace penalties perjury person plea pleaded præmunire present principal prisoner prosecution punishment quarter sessions reign repealed sect sessions sheriff Sir Matthew Hale species Stat statute stealing therein thereof tion trial unlawful unless Vide warrant witness 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 46 - I AB do sincerely promise and swear, That I will be faithful, and bear true allegiance, to their Majesties King William and Queen Mary: So help me God.
Halaman 195 - 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 194 - 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 165 - Majesty ; or to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time ; or shall extend to any person, who, at the time of such second marriage, shall have been divorced from the bond of the first marriage ; or to any person, whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.
Halaman 361 - ... fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice, or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, extorted, embezzled, converted, or disposed of, in such case the court shall not award or order the restitution of such security...
Halaman 46 - do swear, That I will defend to the utmost of my Power the ' Settlement of Property within this Realm, as established by
Halaman 234 - Whosoever shall unlawfully and maliciously destroy any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind belonging to such ship or vessel, shall be guilty of felony...
Halaman 165 - ... every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for life, or any term not less than seven years, or to be imprisoned with or without hard labour in the common gaol, or house of correction, for any term not exceeding four years.
Halaman 170 - ... for the reimbursing or repaying any money knowingly lent or advanced for such gaming or betting as aforesaid, or lent or advanced at the time and place of such play, to any person or persons so gaming or betting as aforesaid, or that shall, during such play, so ploy or bet, shall be utterly void, frustrate, and of none effect, to all intents and purposes whatsoever...