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Mr. Serjeant Stephen's New Commentaries on the Laws of England ..., Volume 2
Henry John Stephen
No preview available - 2015
Mr. Serjeant Stephen's New Commentaries on the Laws of England;, Volume 2
Henry John Stephen
No preview available - 2013
25 Vict accessory according afterwards amount antient appear attempt authority Blackstone called capital cause charged civil cloth committed common law considered conviction court crime criminal Crown death Edition effect enacted England evidence Examination excuse execution extent fact false felony five forfeiture give given guilty Hale hand hard labour Hawk held imprisonment indictment inflicted Inst intent judge judgment jurisdiction jury justice kill king king's kingdom lands larceny less liable Lord manner matter ment mentioned misdemeanor murder nature observed offence officer otherwise parliament particular party peace penal servitude penalties person practice present principal prisoner proceedings prosecution provisions punishment Queen question receive reference regard relating repealed respect rule Sect sentence species statute stealing taken term tion treason trial Vide sup
Page 263 - To subject the press to the restrictive power of a licenser, as was formerly done, both before and since the revolution, 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 212 - To deny the possibility, nay, actual existence, of witchcraft and sorcery is at once flatly to contradict the revealed word of God, in various passages both of the Old and New Testament : and the thing itself is a truth to which every nation in the world hath in its turn borne testimony, either by examples seemingly well attested or by prohibitory laws; which at least suppose the possibility of commerce with evil spirits.
Page 238 - Eli/. с. 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 no way belongs to one, by maintaining or assisting either party with money or otherwise, to prosecute or defend it: (u) a practice that was greatly encouraged by the first introduction of uses.
Page 85 - And be it enacted, that if any person shall unlawfully take, or cause to be taken, any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, every such offender shall be guilty of a misdemeanor...
Page 383 - Law of the Land. IV. And in the eight and twentieth Year of the Reign of King Edward the Third, it was declared and enacted by Authority of Parliament, That no Man of what Estate or Condition that he be, should be put out of his Land or Tenements, nor taken nor imprisoned, nor disherited, nor put to Death, without being brought to answer by due Process of Law : V.
Page 21 - All the several pleas and excuses, which protect the committer of a forbidden act from the punishment which is otherwise annexed thereto, may be reduced to this single consideration, the want or defect of will. An involuntary act, as it has no claim to merit, so neither can it induce any guilt: the concurrence of the will, when it has its choice either to do or to avoid the fact in question, being the only thing that renders human actions either praiseworthy or culpable. Indeed, to make a complete...
Page 159 - 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 149 - Provided always, that if upon the Trial of any Person indicted for such Misdemeanor it shall be proved that he obtained the Property in question in any such Manner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no such Indictment shall be removable by Certiorari; and no Person tried for such Misdemeanor shall be liable to be afterwards prosecuted for Larceny upon the same Facts.
Page 127 - ... the felonious and forcible taking from the person of another of goods or money to any value, by violence or putting him in fear...
Page 136 - Whosoever, being a director, manager, or public officer of any body corporate or public company shall make, circulate, or publish, or concur in making, circulating, or publishing, any written statement or account which he shall know to be false in any material particular...