Commentaries on the Laws of England, Том 4A. Strahan, 1800 |
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... because the king , in whom centers the majesty of the whole community , is fuppofed by the law to be the perfon injured by every infraction of the public rights belonging to that community , and is therefore in all cafes the proper ...
... because the king , in whom centers the majesty of the whole community , is fuppofed by the law to be the perfon injured by every infraction of the public rights belonging to that community , and is therefore in all cafes the proper ...
Страница 6
... because one is equivalent to the other , for that would be expiation , and not punishment . Nor is death always an equivalent for death : the execution of a needy decrepid affaffin is a poor fatisfaction for the mur- der of a nobleman ...
... because one is equivalent to the other , for that would be expiation , and not punishment . Nor is death always an equivalent for death : the execution of a needy decrepid affaffin is a poor fatisfaction for the mur- der of a nobleman ...
Страница 8
... because the intention is equivalent to the act itself , but because the greatest rigour is no more than adequate to a treasonable purpose of the heart , and there is no greater left to inflict upon the actual execution itself . AGAIN ...
... because the intention is equivalent to the act itself , but because the greatest rigour is no more than adequate to a treasonable purpose of the heart , and there is no greater left to inflict upon the actual execution itself . AGAIN ...
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... because it appeared upon their trials , that the one hid himself , and the other hid the body he had killed , which hiding manifefted a consciousness of guilt , and a difcretion [ 24 ] to difcern between good and evil . And there was an ...
... because it appeared upon their trials , that the one hid himself , and the other hid the body he had killed , which hiding manifefted a consciousness of guilt , and a difcretion [ 24 ] to difcern between good and evil . And there was an ...
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... because he is not able to plead to it with that advice and caution that he ought . And if , after he has pleaded , the prifoner becomes mad , he fhall not be tried : for how can he make his defence ? If , after he be tried and found ...
... because he is not able to plead to it with that advice and caution that he ought . And if , after he has pleaded , the prifoner becomes mad , he fhall not be tried : for how can he make his defence ? If , after he be tried and found ...
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Чести термини и фразе
acceffory accufation act of parliament affift againſt alfo alſo antient attainder becauſe benefit of clergy cafe capital caufe cauſe civil commiffion committed common law confequence conftitution convicted court-leet crime criminal crown death difcretion Edward Coke Eliz enacted eſtabliſhed execution faid fame fecond fecurity feems feffions felony felony without benefit feven feveral fhall fhould fince firft firſt fociety fome forfeit forfeiture fpecial fpecies ftatute ftealing ftill fubject fuch fuffer fufficient fuit guilty hath Hawk high treafon himſelf houfe houſe iffue impriſonment indictment Inft inftance itſelf judges judgment juftice jurifdiction jury kill king king's bench larciny lord Matthew Hale ment mifdemefnors moſt muft murder muſt neceffary oath obferved occafioned offence otherwife pardon parliament party peace penalties perfon praemunire prefent prifoner profecution puniſhment purpoſe refpect reign ſhall ſtate ſuch thefe themſelves theſe thofe thoſe tion tranſportation trial ufually unleſs uſed writ
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Страница 79 - ... it is accorded, that if any other case supposed treason which is not above specified, doth happen before any justices, the justices shall tarry without any going to judgment of the treason, till the cause be shewed and declared before the King and his parliament, whether it ought to be judged treason or other felony.
Страница xiii - A crime, or misdemeanor, is an act committed or omitted in violation of a public law, either forbidding or commanding it.
Страница 192 - ... without any warrant or authority from any power either divine or human, but in direct contradiction to the laws both of God and man : and therefore the law has justly fixed the crime and punishment of murder, on them, and on their seconds also z.
Страница 14 - ... 2. Where there is understanding and will sufficient residing in the party, but not called forth and exerted at the time of the action done, which is the case of all offences committed by chance or ignorance. Here the will sits neuter; and neither concurs with the act, nor disagrees to it.
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Страница 239 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right
Страница 2 - For, though the end of punishment is to deter men from offending, it never can follow from thence, that it is lawful, to deter them at any rate and by any means ; since there may be unlawful methods of enforcing obedience even to the justest laws.