A Treatise of the Pleas of the Crown: Or, A System of the Principal Matters Relating to that Subject, Digested Under Proper Heads, Volume 2 |
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Page 34
And yet perhaps the contrary opinion is the more plausible ; for since the said
statute is intended for the greater expedition of justice , and the words of it
expressly extend to all manner Infra , sect . 9 . of prisoners , why should they be
restrained ...
And yet perhaps the contrary opinion is the more plausible ; for since the said
statute is intended for the greater expedition of justice , and the words of it
expressly extend to all manner Infra , sect . 9 . of prisoners , why should they be
restrained ...
Page 164
219 . unanimous in opinion , that Sir John Corbet , and the other genSee the argu
- tlemen so committed by the king ' s special command , as is abovements on the
mentioned , had no right , primâ facie , to demand the benefit of habeas corpus ...
219 . unanimous in opinion , that Sir John Corbet , and the other genSee the argu
- tlemen so committed by the king ' s special command , as is abovements on the
mentioned , had no right , primâ facie , to demand the benefit of habeas corpus ...
Page 192
11 , 12 . by the better opinion , if he had been rescued by the subjects , 10 H . 7 .
25 , 26 . become 29 Assize , 34 . 26 . because there is a legal remedy against
them . 1 Hale , 596 . B . Escape , 26 . seems contrary . As to the Second Point , viz
.
11 , 12 . by the better opinion , if he had been rescued by the subjects , 10 H . 7 .
25 , 26 . become 29 Assize , 34 . 26 . because there is a legal remedy against
them . 1 Hale , 596 . B . Escape , 26 . seems contrary . As to the Second Point , viz
.
Page 214
It seems to be the current opinion of the old books , that jurors are not subject to
any prosecution for a false verdict , except by way of attaint ; and there seem to
be very few ancient precedents for the punishment either of a grand or petit jury ...
It seems to be the current opinion of the old books , that jurors are not subject to
any prosecution for a false verdict , except by way of attaint ; and there seem to
be very few ancient precedents for the punishment either of a grand or petit jury ...
Page 484
( 3 ) 2 Hale , 338 , Sect . 51 . And Sir Matthew Hale ( 2 ) seems to be of opinion ,
339 . 341 . . that the principal is likewise ousted of his clergy by 23 Hen . 8 .
Summary , 232 . , in appeal of petit treason , if he be convict by verdict or
confession ...
( 3 ) 2 Hale , 338 , Sect . 51 . And Sir Matthew Hale ( 2 ) seems to be of opinion ,
339 . 341 . . that the principal is likewise ousted of his clergy by 23 Hen . 8 .
Summary , 232 . , in appeal of petit treason , if he be convict by verdict or
confession ...
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Common terms and phrases
accessary acquittal action adjudged admitted agreed appeal arrest Assize attainted authority awarded bail benefit brought cause certiorari challenge charged clergy Coke commission committed common law concerning constable contrary convicted Corone court crime death defendant determined directed Dyer Eliz enacted escape evidence execution fact felony give given granted guilty Hale hath holden imprisoned indictment Inst intended issue judges judgment jury justices king king's king's bench lord manner matter ment mentioned murder nature offence opinion pardon particular party peace person plea pleaded Point principal prisoner proceedings proper prosecution punishment receive record relation removed respect rule Sect seems sessions sheriff shew statute sufficient suit Summary taken Term thereof tion treason trial tried unless Vide warrant wherein witness writ
Popular passages
Page 350 - ... within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed, and the islands of Jersey or Guernsey; any law or usage to the contrary notwithstanding.
Page 44 - ... to the true intent and meaning " of an act of parliament made in the eighteenth year of the reign " of his majesty King George the Second, intituled, an act to " amend and render more effectual an act passed in the fifth year *' of his present majesty's reign, intituled, an act for the further " qualification of justices of the peace...
Page 128 - And if they will not obey the arrest, they shall levy hue and cry upon them, and such as keep the town shall follow with hue and cry with all the town and the towns near, and so hue and cry shall be made from town to town, until that they be taken and delivered to the sheriff as before is said ; and for the arrestments of such strangers none shall be punished.
Page 59 - ... in any such action, by leave of the Court where such action shall depend, at any time before issue joined, to pay into Court such sum of money as he shall...
Page 69 - ... to appeal to the next general or quarter sessions of the peace for the county, riding, division...
Page 78 - Likewise it is to be inquired who were culpable, either of the act or of the force ; and who were present, either men or women, and of what age soever they be (if they can speak, or have any discretion). And how many soever be found culpable by inquisition, in any the manners aforesaid, they shall be taken and delivered to the Sheriff, and shall be committed to the gaol; and such as be founden, and be not culpable, shall be attached until the coming of (c) Rex v.
Page 60 - ... proving such warrant at the trial of such action the jury shall give their verdict for the defendant or defendants, notwithstanding any defect of jurisdiction in such justice or justices; and...
Page 41 - England shall be assigned for the keeping of the Peace, one Lord, and with him three or four of the most worthy in the County, with some learned in the Law...
Page xxxi - ... being legally convicted thereof, shall be liable to be " transported for any term not exceeding seven years, or to be " punished by imprisonment not exceeding two years, at the dis" cretion of the court in which such conviction shall be had...
Page 12 - To the constable it pertaineth to have cogni" zance of contracts touching deeds of arms and of war out of " the realm, and also of things that touch war within the realm " which cannot be determined nor discussed by the common law...
Bibliographic information
| Title | A Treatise of the Pleas of the Crown: Or, A System of the Principal Matters Relating to that Subject, Digested Under Proper Heads, Volume 2 A Treatise of the Pleas of the Crown: Or, A System of the Principal Matters Relating to that Subject, Digested Under Proper Heads, William Hawkins HeinOnline: Selden Society publications & English legal history Legal classics library Making of modern law |
| Authors | William Hawkins, John Curwood |
| Editor | John Curwood |
| Edition | 8 |
| Publisher | S. Sweet, 1824 |
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