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Commentaries on the Laws of England: In Four Books, Volume 1
Limited preview - 2011
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accessory accused act of parliament afterwards antient appeal attainder benefit of clergy burglary capital punishment church civil coin committed common law consequence constitution conviction counterfeit court of king's court-leet crime criminal crown death declared Eliz enacted excuse execution false felony without benefit forfeit forfeiture former guilty hard labour hath Hawk high treason homicide Ibid imprisonment indictment inflicted Inst intent judges judgment jurisdiction jury justice kill king king's bench kingdom lands larciny liable lord lord high steward magistrate maliciously manslaughter ment misdemesnors misprision murder nature oath offence officer oyer and terminer pardon parliament party peace peers penalties perjury person petit plea plead praemunire present principal prisoner proceedings prosecution realm reign repealed robbery sheriff sir Matthew Hale species Stat statute stealing therein thereof tion transportation for seven trial unlawful unless warrant witness writ
Page 152 - The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public: to forbid this, is to destroy the freedom of the press ; but if he publishes what is improper, mischievous, or illegal, he must take the consequences (of his own temerity.
Page 153 - But to punish, as the law does at present, any dangerous or offensive writings which when published shall on a fair and impartial trial' be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty.
Page 195 - So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.
Page 54 - Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws...
Page 54 - RELIGION which only concern the confession of the true Christian faith and the doctrine of the Sacraments...
Page 196 - When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 215 - It is true that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered that it is an accusation easily to be made and hard to be proved and harder to be defended by the party accused, though never so innocent.
Page 59 - ... the sacrament of the Lord's Supper according to the usage of the Church of England...
Page 135 - Eliz. c. 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 135 ] no way belongs to one, by maintaining or assisting either party with money or otherwise, to prosecute or defend it • : a practice that was greatly encouraged by the first introduction of uses w.