A Report of the Arguments and Judgment Upon the Demurrer, in the Case of Henry Edmund Taffe [sic], Esq., Against the Right Hon. Wm. Downes, Lord Chief Justice of the King's Bench in Ireland: In Trinity, Michaelmas, and Hilary Terms, 1812 & 1813, in the Court of Common Pleas, Ireland

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John Cooke, 1815 - Arrest - 216 pages
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Page 33 - depends upon Constitution, temper, and passion;—in " the best it is oftentimes caprice ; in the- worst it is every " vice, folly and passion, to which human* nature is> liable,
Page 2 - and kept and : detained him in Prison, there, without. any reasonable or probable cause, for a long space of time, to wit, for the space of four hours, then next following, contrary to the Laws
Page 155 - put him in doubt, that he shall be left alone, will not continue singular.'—" These are " plain, naked facts: they need no comment. Every " reader will make his own reflections upon them; I have
Page 52 - if an action be brought *' against a Judge of Record for an act done by him in ** his Judicial capacity, he may plead that he did it as ' *' Judge of Record, and that will be a complete
Page 20 - it arose in a foreign Country, where the technical distinction of a Court of Record, does not exist; yet sitting, as a Judge, in a Court of Justice, subject to a superior review, he would be within the reason of the rule, which the Law of England says, shall be a justification.—
Page 172 - taken, to crave the benefit of defending themselves, " touching the matter complained of in the petition, by *' the due and known course of the common law, and to " rely upon the aforesaid statutes and the common right " they have of free-born people of England in bar of •' the Petitioner's any further proceeding
Page 54 - In the Cases alluded to of Judges '* and Jurors, it cannot apply: because the law gives " faith and credence to what they do ; and therefore there. " must always, in what they do, be cause for it ; and "there never can be malice in what they
Page 133 - that, whenever any person shall " be charged with any offence, for which he or she may " be prosecuted by indictment or information in his " Majesty's Court of King's Bench, not being treason or
Page 14 - that no freeman shall be taken or imprisoned, but by the lawful Judgment of his equals, or by the Law of the Land
Page 15 - that no Freeman may be taken or imprisoned, but by the lawful judgment of his <equals, or by the Law of the Land.

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