Commentaries on the Laws of England: In Four Books, Volume 1A Strahan, 1825 - Law |
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Page 3
... antient 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 ...
... antient 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 ...
Page 25
... antient law , that persons deprived of their reason might be confined till they recovered their senses " , without waiting for the forms of a commission or other special authority from the crown and now , by the vagrant acts , a method ...
... antient law , that persons deprived of their reason might be confined till they recovered their senses " , without waiting for the forms of a commission or other special authority from the crown and now , by the vagrant acts , a method ...
Page 39
... antient law ( borrowed from the Gothic consti- tutions b ) is this , that accessories shall suffer the same punish- ment as their principals : if one be liable to death , the other is also liable : as , by the laws of Athens ...
... antient law ( borrowed from the Gothic consti- tutions b ) is this , that accessories shall suffer the same punish- ment as their principals : if one be liable to death , the other is also liable : as , by the laws of Athens ...
Page 44
... left by our old constitution to h Mescroyantz in our antient law i 1 Hal . P. C. 384 . pooks is the name of unbelievers . ( 1 ) See post , p.50 . 66 the determination of the ecclesiastical judge ; who had 4.4 Book IV . PUBLIC.
... left by our old constitution to h Mescroyantz in our antient law i 1 Hal . P. C. 384 . pooks is the name of unbelievers . ( 1 ) See post , p.50 . 66 the determination of the ecclesiastical judge ; who had 4.4 Book IV . PUBLIC.
Page 45
... antient Donatists and Manichæans by the em- perors Theodosius and Justinian : hence also the constitu- tion of the emperor Frederic mentioned by Lyndewode " , adjudging all persons without distinction to be burnt with fire , who were ...
... antient Donatists and Manichæans by the em- perors Theodosius and Justinian : hence also the constitu- tion of the emperor Frederic mentioned by Lyndewode " , adjudging all persons without distinction to be burnt with fire , who were ...
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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 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
Popular passages
Page 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.
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 53 - Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws...
Page 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.
Page 53 - RELIGION which only concern the confession of the true Christian faith and the doctrine of the Sacraments...
Page 58 - ... the sacrament of the Lord's Supper according to the usage of the Church of England...