Considerations on the Legality of General Warrants, and the Propriety of a Parliamentary Regulation of the Same: To which is Added, a Postscript on a Late Pamphlet Concerning Juries, Libels, &c (Google eBook)

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E. Watts, 1765 - Warrants (Law) - 46 pages
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Page 41 - For the office of twelve men is no other than to inquire of matters of fact, and not to adjudge what the law is, for that is the office of the court, and not of the jury, and if they find the matter of fact at large, and further say that thereupon the law is so, where in truth the law is not so, the judges shall adjudge according to the matter of fact, and not according to the conclusion of the jury.
Page 11 - Bail, woulcl it be excufable in the Court to take Advantage of that Ignorance, and detain him under an Imprifonment which the Law declares- is abfolutely illegal?
Page 36 - And own myself a man ; to see our senators Cheat the deluded people with a show Of liberty, which yet they ne'er must taste of. They say, by them our hands are free from fetters ; Yet whom they please they lay in basest bonds...
Page 46 - Scandalous matter is not necessary to make a libel. It is enough if the defendant induces an ill opinion to be had of the plaintiff, or to make him contemptible or ridiculous.
Page 10 - I mould clearly think, that the Court is bound to attend to every Circumftance of the Commitment, and, if the Perfon is illegally imprifoned, to difcharge him.
Page 6 - Warrants are at prefent agreeable or contrary to Law; for according to that any Declaration of the Law by Parliament muft be...
Page 8 - Queftion, therefore, is not whether a general Warrant is not liable to be abufed by the Officer ? but, whether it gives him Authority to do fo, or confines the Execution of it to the Offender alone ? Where then is this inherent, this...
Page 8 - Defeription can be given of him ? or is it lawful, in fuch Cafe, to. grant a Warrant defcribing him by other Marks peculiar to him alone? Suppofe a Murder is committed by a Perfon, whofe Name is unknown in that Part of the Kingdom : what is to be done?
Page 13 - So that it not only left it to the Officers to judge what Papers were libellous, what not, but extended to Offences not yet committed.
Page 12 - Innocent expofed to the fame Danger from the Generality of the Warrant in Cafes of Treafon, as where the Offence is only a...

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