Commentaries on the Laws of England, Том 4A. Strahan, 1800 |
Из књиге
Резултати 1-5 од 97
Страница xiii
... given him a right , this is a civil injury , and not a crime ; for here only , the right of an individual is con- cerned , and it is immaterial to the public , which of us is in poffeffion of the land : but treason , murder , and ...
... given him a right , this is a civil injury , and not a crime ; for here only , the right of an individual is con- cerned , and it is immaterial to the public , which of us is in poffeffion of the land : but treason , murder , and ...
Страница 3
... given ; that it is found by former expe- rience that no lighter penalty will be effectual . For is it found upon farther experience , that capital punishments are more effectual ? Was the vaft territory of all the Ruffias worfe ...
... given ; that it is found by former expe- rience that no lighter penalty will be effectual . For is it found upon farther experience , that capital punishments are more effectual ? Was the vaft territory of all the Ruffias worfe ...
Страница 21
... given to man , it is highly just and equitable that a man should be excused for those acts , which are done through unavoidable force and compulfion . 1. Of this nature , in the first place , is the obligation of [ 28 ] civil fubjection ...
... given to man , it is highly just and equitable that a man should be excused for those acts , which are done through unavoidable force and compulfion . 1. Of this nature , in the first place , is the obligation of [ 28 ] civil fubjection ...
Страница 22
... given to fervants , who are as much free agents as their masters ) even with regard to wives , this rule admits of an exception in crimes that are mala in fe , and prohibited by the law of nature , às murder and the like ( 4 ) : not ...
... given to fervants , who are as much free agents as their masters ) even with regard to wives , this rule admits of an exception in crimes that are mala in fe , and prohibited by the law of nature , às murder and the like ( 4 ) : not ...
Страница 30
... given . As if A , the reputed father , advifes B the mother of a baftard child , unborn , to ftrangle it when born , and the does fo ; A is accefory to this murder . And it is also fet tled " , that whoever procureth a felony to be ...
... given . As if A , the reputed father , advifes B the mother of a baftard child , unborn , to ftrangle it when born , and the does fo ; A is accefory to this murder . And it is also fet tled " , that whoever procureth a felony to be ...
Друга издања - Прикажи све
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
Популарни одломци
Страница 134 - LASTLY, extortion is an abuse of public justice, which consists in any officer's unlawfully taking, by colour of his office, from any man, any money or thing of value, that is not due to him, or more than is due, or before it is due ". The punishment is fine and imprisonment, and sometimes a forfeiture of the office.
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.
Страница 377 - IN petit treason and felony, the offender also forfeits all his chattel interests absolutely, and the profits of all estates of freehold during life ; and, after his death, all his lands and tenements in fee...
Страница 79 - Or if a Man do levy War against our Lord the King in his Realm, or be adherent to the King's Enemies in his Realm, giving to them Aid and Comfort in the Realm or elsewhere...
Страница 181 - A felo de se therefore is he that deliberately puts an end to his own existence, or commits any unlawful malicious act, the consequence of which is his own death : as if attempting to kill another, he runs upon his antagonist's sword : or shooting at another the gun bursts and kills himself.
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.