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Commentaries on the Laws of England (the Rights of Persons)
No preview available - 2007
accessory accused act of parliament afterwards antient appeal attainder benefit of clergy capital punishment church civil committed common law consequence constitution conviction counterfeit court of king's court-leet crime criminal crown death declared Eliz enacted excuse execution felony without benefit feodal forfeit forfeiture former guilty hard labour hath Hawk high treason homicide Ibid imprisonment indictment inflicted Inst intent judges judgment jurisdiction jury justice kill king's bench kingdom lands larciny law of England liable liberty lord high steward lord the king magistrate maliciously manslaughter ment misdemesnors misprision misprision of treason 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penalties perjury person petit plea plead praemunire present principal prisoner proceedings prosecution realm reign repealed robbery sheriff sir Matthew Hale species Stat statute stealing therein tion trial unlawful unless warrant witnesses writ
Page 151 - 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 152 - 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 378 - That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; 11. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders; 12. That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void; 13.
Page 81 - Queen, or of their eldest son and heir; or if a man do violate the King's companion, or the King's eldest daughter unmarried, or the wife of the King's eldest son and heir; or if a man do levy war against our lord the King in his realm...
Page 195 - 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 53 - Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws...
Page 214 - 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 53 - RELIGION which only concern the confession of the true Christian faith and the doctrine of the Sacraments...