Commentaries on the laws of England. [Another], Volume 4T. Cadell and J. Butterworth, 1825 - Law |
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Page 3
... common law , when the reasons have ceased upon which those rules were founded ; from not repealing such of the old penal laws as are either obsolete [ 4 ] or absurd ; and from too little care and attention in framing and passing new ...
... common law , when the reasons have ceased upon which those rules were founded ; from not repealing such of the old penal laws as are either obsolete [ 4 ] or absurd ; and from too little care and attention in framing and passing new ...
Page 39
... common law the rule is as before laid down , that both shall be punished alike , yet now by the statutes relating to the benefit of clergy a distinction is made between them : accessories after the fact being still allowed the benefit ...
... common law the rule is as before laid down , that both shall be punished alike , yet now by the statutes relating to the benefit of clergy a distinction is made between them : accessories after the fact being still allowed the benefit ...
Page 46
... common law itself . However it appears from thence , that the conviction of heresy by the common law was not in any petty ecclesiastical court , but before the arch- bishop himself in a provincial synod ; and that the delinquent was ...
... common law itself . However it appears from thence , that the conviction of heresy by the common law was not in any petty ecclesiastical court , but before the arch- bishop himself in a provincial synod ; and that the delinquent was ...
Page 47
... common law . And yet the spirit of persecu- tion was not then abated , but only diverted into a lay channel . For in six years afterwards , by statute 31 Hen . VIII . c . 14 . the bloody law of the six articles was made , which ...
... common law . And yet the spirit of persecu- tion was not then abated , but only diverted into a lay channel . For in six years afterwards , by statute 31 Hen . VIII . c . 14 . the bloody law of the six articles was made , which ...
Page 48
... common law ; viz . as to the infliction of common censures , in the ecclesiastical courts ; and in case of burning the heretic , in the provincial synod only . Sir Matthew Hale is indeed of a different opinion , and holds that such ...
... common law ; viz . as to the infliction of common censures , in the ecclesiastical courts ; and in case of burning the heretic , in the provincial synod only . Sir Matthew Hale is indeed of a different opinion , and holds that such ...
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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