Commentaries on the laws of England. [Another], Volume 4T. Cadell and J. Butterworth, 1825 - Law |
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Page 5
... given him a right , this is a civil injury , and not a crime : for here only the right of an individual is concerned , and it is im- material to the public , which of us is in possession of the land : but treason , murder , and robbery ...
... given him a right , this is a civil injury , and not a crime : for here only the right of an individual is concerned , and it is im- material to the public , which of us is in possession of the land : but treason , murder , and robbery ...
Page 10
... given ; that it is found by former experience that no lighter penalty will be effectual . For is it found upon farther experience , that capital punishments are more effectual ? Was the vast territory of all the Russias worse regulated ...
... given ; that it is found by former experience that no lighter penalty will be effectual . For is it found upon farther experience , that capital punishments are more effectual ? Was the vast territory of all the Russias worse regulated ...
Page 11
... given by the sovereign power . 2. As to the end or final cause of human punishments . This is not by way of atonement or expiation for the crime committed ; for that must be left to the just determination of the Supreme Being : but as a ...
... given by the sovereign power . 2. As to the end or final cause of human punishments . This is not by way of atonement or expiation for the crime committed ; for that must be left to the just determination of the Supreme Being : but as a ...
Page 28
... given to man , it is highly just and equitable that a man should be excused for those acts which are done through unavoidable force and compulsion . 1. Or this nature , in the first place , is the obligation of civil subjection ...
... given to man , it is highly just and equitable that a man should be excused for those acts which are done through unavoidable force and compulsion . 1. Or this nature , in the first place , is the obligation of civil subjection ...
Page 29
... given to servants , who are as much free agents as their masters ) even with regard to wives this rule admits of an exception in crimes that are mala in se , and prohibited by the law of nature , as murder and the like : not only ...
... given to servants , who are as much free agents as their masters ) even with regard to wives this rule admits of an exception in crimes that are mala in se , and prohibited by the law of nature , as murder and the like : not only ...
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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