Mr. Serjeant Stephen's New Commentaries on the Laws of England: (Partly Founded on Blackstone.)Butterworths, 1874 - Law |
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Page 4
... regards , first , the crime itself ; and , secondly , the punish- ment . I. A crime is the violation of a right ; when considered in reference to the evil tendency of such violation , as re- gards the community at large ( d ) . [ The ...
... regards , first , the crime itself ; and , secondly , the punish- ment . I. A crime is the violation of a right ; when considered in reference to the evil tendency of such violation , as re- gards the community at large ( d ) . [ The ...
Page 12
... regard to offences mala in se , capital punishments are in some instances inflicted by the immediate command of God ... regards mere mala prohibita , capital punishment ( supposing it to be lawful at all , ) is a sanction never to be ...
... regard to offences mala in se , capital punishments are in some instances inflicted by the immediate command of God ... regards mere mala prohibita , capital punishment ( supposing it to be lawful at all , ) is a sanction never to be ...
Page 16
... regard to the object of it ; for the greater and more exalted the object of an injury is , the more care should be taken to prevent that injury ; and of course , under this aggravation , the punishment should be more severe ...
... regard to the object of it ; for the greater and more exalted the object of an injury is , the more care should be taken to prevent that injury ; and of course , under this aggravation , the punishment should be more severe ...
Page 20
... regard to punishment , might well have led to its earlier amendment . That reform , which is mainly due to the exertions of Sir Samuel Romilly towards the close of the reign of George the third , may now be said to be complete ; but it ...
... regard to punishment , might well have led to its earlier amendment . That reform , which is mainly due to the exertions of Sir Samuel Romilly towards the close of the reign of George the third , may now be said to be complete ; but it ...
Page 24
... regard to more heinous crimes our law is still more minute and circumspect ; distinguishing with greater nicety the several degrees of age and discretion . By the antient Saxon law , the age of twelve years was established for the age ...
... regard to more heinous crimes our law is still more minute and circumspect ; distinguishing with greater nicety the several degrees of age and discretion . By the antient Saxon law , the age of twelve years was established for the age ...
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Common terms and phrases
17 Vict 25 Vict 9 Geo accessory accused afterwards antient assault benefit of clergy Blackstone vol burglary capital charged chattel civil committed common law conviction court crime criminal Crown death defendant dwelling-house enacted England excuse execution false forfeiture Fost grievous bodily harm guilty of felony Hale hard labour hath Hawk homicide imprisonment indictment inflicted injury Inst intent judges jurisdiction jury justice kill king king's labour and solitary larceny Law Rep less than five Lord Lord High Steward malicious manslaughter ment misdemeanor murder oath offence officer owner oyer and terminer parliament party peace penal servitude penalties person principal prisoner prosecution provisions quarter sessions Queen Queen's Bench repealed by 24 robbery se defendendo Sect sentence sessions solitary confinement sovereign species statute steal therein thereof tion treason trial ubi sup unlawful unlawfully valuable security vide post Vide sup whosoever
Popular passages
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...