A Report of Some Proceedings on the Commission for the Trial of the Rebels in the Year 1746, in the County of Surry: And of Other Crown Cases: to which are Added Discourses Upon a Few Branches of the Crown Law
W. Clarke and Sons, 1809 - 441 pages
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accessary actual admitted agreed already answer appear attainder authority benefit brought called CHAP charged Chief-Justice circumstances cited clause clergy commission committed common confession consequently consideration considered construction convicted counsel court Crown death defendant directed discharged doth doubt evidence exception excuse execution express fact farther felony force give given grounded guilty Hale hand hath high treason homicide indictment intended issue John judges judgment jury justice killed kind King King's laid learned likewise Lord manner matter means mentioned murder nature necessary never objection observed offence officer opinion overt act pardon Parliament party person petit pleaded present pressing principal prisoner proceeding proper proved publick question received record regard reported rule saith Sect statute sufficient supposed taken things thought touching trial true VIII warrant whole witnesses
Page vii - ... shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy.
Page 220 - 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, or be adherent to the King's enemies in his realm, giving to them aid and comfort in the realm, or elsewhere, and thereof be provably attainted of open deed by the people of their condition.
Page 435 - That the freedom of speech, and debates or proceedings in parliament ought not to be impeached or questioned in any court or place out of parliament.
Page 435 - AN ACT DECLARING THE RIGHTS AND LIBERTIES OF THE SUBJECT, AND SETTLING THE SUCCESSION OF THE CROWN.
Page 262 - ... party, murder. This rule touching due caution ought to be well considered by all persons following their lawful occupations, especially such from whence danger may probably arise.
Page 211 - ... all risings in order to effect these innovations of a public and general concern, by an armed force, are in construction of law High Treason, within the clause of levying war...
Page 296 - To what I have offered with regard to sudden rencounters, let me add, that the blood already too much heated, kindleth afresh at every pass or blow. And in the tumult of the passions, in which mere instinct self-preservation has no inconsiderable share, the voice of reason is not heard ; and therefore the law, in condescension to the infirmities of flesh and blood, doth extenuate the offence.
Page 273 - ... the injured party may repel force with force, in defence of his person, habitation, or property, against one who manifestly intendeth and endeavoreth, with violence or surprise, to commit a known felony upon either. In these cases, he is not obliged to retreat, but may pursue his adversary, till he findeth himself out of danger, and if in a conflict between them he happeneth to kill, such killing is justifiable.