Arguments and Decisions, in Remarkable Cases: Before the High Court of Justiciary, and Other Supreme Courts, in Scotland |
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Page 32
... statute 1ft and 2d Phi- lip and Mary , as Lord Hales , in his Pleas of the Crown , and Dal- ton , both observe . 2dly , The crime libelled is not capital : for Q Mary's act inflicts a leffer punishment than the former did . 3dly , The ...
... statute 1ft and 2d Phi- lip and Mary , as Lord Hales , in his Pleas of the Crown , and Dal- ton , both observe . 2dly , The crime libelled is not capital : for Q Mary's act inflicts a leffer punishment than the former did . 3dly , The ...
Page 69
... statute , would not bar the process . 2. Such circumstance can figni- fy nothing , as a proof is offered of the crime . 3. As to the delay , the pannel went to England immediately after the crime , and was on his road thither when he ...
... statute , would not bar the process . 2. Such circumstance can figni- fy nothing , as a proof is offered of the crime . 3. As to the delay , the pannel went to England immediately after the crime , and was on his road thither when he ...
Page 73
... statute . The Civil and Canon law , which is referred to in our statutes , punished perfons guilty of this crime pro qualitate admiffi , but never with death . Theft is ftatute in- Anf . This crime has , in innumerable inftances , been ...
... statute . The Civil and Canon law , which is referred to in our statutes , punished perfons guilty of this crime pro qualitate admiffi , but never with death . Theft is ftatute in- Anf . This crime has , in innumerable inftances , been ...
Page 132
... statute nor custom in this country , making forcible marriage a crime ; nor does the law of God , or the Civil law , make any mention of it , though they declare rape , and abduction libidinis caufa , to be punishable . At any rate ...
... statute nor custom in this country , making forcible marriage a crime ; nor does the law of God , or the Civil law , make any mention of it , though they declare rape , and abduction libidinis caufa , to be punishable . At any rate ...
Page 134
... statute , Henry VII . c . 2. on which the trial above mentioned proceed- ed . Replied for the pannels , It is admitted that theft and forgery have been capitally punished by inveterate custom : but who can pretend to fay in what manner ...
... statute , Henry VII . c . 2. on which the trial above mentioned proceed- ed . Replied for the pannels , It is admitted that theft and forgery have been capitally punished by inveterate custom : but who can pretend to fay in what manner ...
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Other editions - View all
Arguments and Decisions, in Remarkable Cases, Before the High Court of ... John Maclaurin Dreghorn No preview available - 2017 |
Arguments and Decisions, in Remarkable Cases, Before the High Court of ... John Maclaurin Dreghorn No preview available - 2017 |
Common terms and phrases
accufed act of parliament adviſed affize againſt alfo alledged Anfwered becauſe bribery cafe caſe caufe cauſe charged circumſtances committed common law concourfe confent confequence confideration counſel courſe court of feffion court of jufticiary crime criminal deceaſed defence diſcharged Edinburgh England eſtabliſhed evidence execution fact faid fame fays feems fent fentence fhall fhould firſt foldiers fome ftatute fubject fuch fufficient fuppofing guilty hamefucken himſelf houfe houſe inclofed indictment infifted inftance intereſt interlocutor itſelf Jean Key judgement judges juftice jurifdiction jury King's Advocate laſt law of England law of Scotland leaſt libel Lord Lordships magiftrates Majeſty's MAJESTY'S ADVOCATE moſt murder muſt neceffary neceffity obferved occafion offence pannel parliament party perfon petitioner pleaded prefent prifoner profecution profecutor proof proved Provoſt puniſhment purpoſe queſtion reafon refpect refpondent refuſed remit ſaid ſhall ſhe ſpecial ſtate ſtill ſuch thefe themſelves theſe thofe thoſe trial underſtood uſe verdict witneffes witneſſes
Popular passages
Page 431 - ... and the like. But I take these to be one and the same thing. For the authority of these maxims rests entirely upon general reception and usage: and the only method of proving, that this or that maxim is a rule of the common law, is by showing that it hath been always the custom to observe it.
Page 354 - ... said realm of England, dominion of Wales or town of Berwick upon Tweed, or any of the...
Page 383 - October 1828, or on one or other of the days of that month, or of...
Page 612 - I do believe in my conscience, that the Person Pretended to be Prince of Wales during the life of the late King James, and since his decease, pretending to be and taking upon himself the...
Page 353 - ... of this kingdom of England, dominion of Wales, or town of Berwick upon Tweed...
Page 436 - ... pear, till it burft out at once to confume me and my children ? " Better it were to live under no law at all, and, by the maxims of *' cautious prudence, to conform ourfelves the beft we can to the ar...
Page 297 - An Act to explain and amend the Laws touching the Elections of Members to serve for the Commons in Parliament for that Part of Great Britain called Scotland, and to restrain the Partiality and regulate the Conduct of Returning Officers at such Elections.
Page 418 - WHEREAS it is found by experience, that the laws already in being have not been sufficient to prevent corrupt and illegal practices in the election of members to serve in parliament...
Page 436 - Christians did their books of curious arts, and betake yourselves to the plain letter of the statute, which tells you where the crime is, and points out to you the path by which you may avoid it.
Page 436 - It is now full two hundred and forty years since treasons were defined ; and so long has it been since any man was touched to this extent upon this crime, before myself. We have lived, my lords, happily to ourselves, at home : we have lived gloriously abroad to the world : let us be content with what our fathers have left us : let not our ambition carry us to be more learned than they were, in these killing and destructive arts.