Commentaries on the Laws of England: In Four Books, Book 4 |
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Contents
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Common terms and phrases
action actual allowed ancient appear arrest attempt authority benefit bill called capital cause charged civil clergy committed common law considered constitution convicted court Crim crime criminal crown death defendant East effect Eliz enacted England evidence execution fact false felony force forfeiture former give given granted guilty hath Hawk held imprisonment indictment injury intent issue judge judgment jurisdiction jury justice kill kinds king king's lands larceny lord manner Mass matter means ment murder nature necessary oath offence officer original pardon parliament particular party peace penalties person plea pleaded practice present principal prisoner proceedings prosecution punishment receive relating respect rule seems species stat statute sufficient taken thing tion treason trial tried unless Vict witnesses writ
Popular passages
Page 1442 - ... to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 1592 - 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 1554 - 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 1564 - England by any other than a subject of his majesty, or to an> 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...
Page 1489 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors ; hut there must be an actual assembling of men for the treasonable purpose to constitute a levying of war.
Page 1689 - Having heard the evidence, do you wish to say anything in answer to the charge ? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence...
Page 1554 - To subject the press to the restrictive power of a licenser, as was formerly done, both before and since the revolution, (л) is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government.
Page 1805 - Warwick aforesaid, by whom the truth of the matter may be better known, and who are not of kin to the said...
Page 1734 - ... 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, or converted as aforesaid, in such case the Court shall not award or order the restitution of such security.
Page 1511 - II, c. 5, which enacts, that whoever procures at Rome, or elsewhere, any translations, processes, excommunications, bulles, instruments, or other things which touch the king, against him, his crown, and realm, and all persons aiding and assisting therein, shall be put out of the king's protection, their lands and goods forfeited to the king's use, and they shall be attached by their bodies to answer to the king and his council: or process of prcemunire facias shall be made out against them as in...