Commentaries on the Laws of England: In Four Books, Volume 4A. Strahan and W. Woodfall, law-printers to the King, 1791 |
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Página 9
... shall " his blood be fhed . " In other inftances they are inflicted after the example of the creator , in his pofitive code of laws for the regulation of the Jewish republic ; as in the case of the crime against nature . But they are ...
... shall " his blood be fhed . " In other inftances they are inflicted after the example of the creator , in his pofitive code of laws for the regulation of the Jewish republic ; as in the case of the crime against nature . But they are ...
Página 18
... shall find it more difficult to justify the frequency of capital punishment to be found there- in ; inflicted ( perhaps inattentively ) by a multitude of fuc- ceflive independent ftatutes , upon crimes very different in their natures ...
... shall find it more difficult to justify the frequency of capital punishment to be found there- in ; inflicted ( perhaps inattentively ) by a multitude of fuc- ceflive independent ftatutes , upon crimes very different in their natures ...
Página 24
... shall not be pronounced ; and if , after judgment , he becomes of nonfane memory , execution shall be stayed : for perad venture , says the humanity of the English law , had the pri- foner been of found memory , he might have alleged ...
... shall not be pronounced ; and if , after judgment , he becomes of nonfane memory , execution shall be stayed : for perad venture , says the humanity of the English law , had the pri- foner been of found memory , he might have alleged ...
Página 25
... shall answer for what he does in those intervals , as if he had no deficiency . Yet , in the cafe of abfolute madmen , as they are not answerable for their actions , they should not be permitted the liberty of acting unless under proper ...
... shall answer for what he does in those intervals , as if he had no deficiency . Yet , in the cafe of abfolute madmen , as they are not answerable for their actions , they should not be permitted the liberty of acting unless under proper ...
Página 39
... shall suffer the fame punish- ment as their principals : if one be liable to death , the other is alfo liable : as , by the laws of Athens , delinquents and their abettors were to receive the fame punishment " . Why then , it may be ...
... shall suffer the fame punish- ment as their principals : if one be liable to death , the other is alfo liable : as , by the laws of Athens , delinquents and their abettors were to receive the fame punishment " . Why then , it may be ...
Palavras e frases frequentes
acceffory act of parliament affifes alfo alſo anſwer antient attainder becauſe benefit of clergy cafe caſe caufe cauſe civil commiffion committed common law confequence conftitution convicted courſe court court-leet crime criminal crown death deftroying Edward Coke Eliz Engliſh eſcape eſtabliſhed execution faid fame fecond feems felony feven feveral fhall fhould fince firft firſt fome forfeit forfeiture fpecies ftatute ftealing fubject fuch fuffer fufficient guilty hath Hawk high treaſon himſelf houſe iffue impriſonment indictment inflicted Inft itſelf judges judgment juriſdiction jury juſtice kill king king's larciny leaſt lord ment mifdemefnors moſt murder muſt neceffary oath obferved offences againſt otherwiſe pardon parliament party peace penalties perfon plea praemunire prefent prifoner procefs profecution puniſhment purpoſe reign reſpect ſeems ſeveral ſhall ſheriff ſome ſpecies ſtanding ſtate ſuch thefe themſelves theſe thofe thoſe tion tranſportation treaſon trial univerfal unleſs uſe uſually weregild writ
Passagens conhecidas
Página 247 - Forgery at common law has been defined as 'the fraudulent making or alteration of a writing to the prejudice of another man's right
Página 141 - 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 (w).
Página 67 - ... is held to be a part of the law of the land. And those acts of parliament, which have from time to time been made to enforce this universal law, or to facilitate the execution of its decisions, are not to be considered as introductive of any new rule, but merely as declaratory of the old fundamental constitutions of the kingdom : without which it must cease to be a part of the civilized world.
Página 255 - Such recognizance for keeping the peace, when given, may be forfeited by any actual violence, or even an assault or menace to the...
Página 18 - It is a melancholy truth, that, among the variety of actions which men are daily liable to commit, no less than a hundred and sixty have been declared, by act of parliament, to be felonies without benefit of clergy ; or, in other words, to be worthy of instant death.
Página 160 - Engrossing was also described to be the getting into one's possession, or buying up, large quantities of corn or other dead victuals, with intent to sell them again. This must of course be injurious to the public, by putting it in the power of one or two rich men to raise the price of provisions at their own discretion.
Página 67 - In arbitrary states, this law, wherever it contradicts, or is not provided for by, the municipal law, of the country, is enforced by the royal power ; but since in England no royal power can introduce a new law, or suspend the execution of the old, therefore the law of nations (wherever...
Página 235 - ... and unreclaimed, such as deer, hares, and conies, in a forest, chase, or warren ; fish, in an open river or pond ; or wild fowls at their natural liberty...
Página 241 - ... the felonious and forcible taking from the person of another of goods or money to any value, by violence or putting him in fear...
Página 232 - Lands, tenements, and hereditaments (either corporeal or incorporeal) cannot in their nature be taken and carried away. And of things likewise that adhere to the freehold, as corn, grass, trees, and the like, or lead upon a house, no larceny could be committed by the rules of the common law ; but the severance of them was, and in many things is still, merely a trespass : which depended on a subtilty in the legal notions of our ancestors.