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 LawW. Clarke and Sons, 1809 - 441 pages |
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Page 40
... attainder was at the same time removed thither by certiorari . The habeas corpus with the return , and also the certiorari and record of the conviction and attainder being read , the sub- stance of the record was opened to him in ...
... attainder was at the same time removed thither by certiorari . The habeas corpus with the return , and also the certiorari and record of the conviction and attainder being read , the sub- stance of the record was opened to him in ...
Page 43
... attainder made his escape out of Newgate , which brought him within the exception in the 45th section of the act . And the prisoner's counsel being apprized of this by the counsel for the crown , in a conversation between them at the ...
... attainder made his escape out of Newgate , which brought him within the exception in the 45th section of the act . And the prisoner's counsel being apprized of this by the counsel for the crown , in a conversation between them at the ...
Page 50
... attainder , and to serve the turn of making Mr. Murray an evidence . But who- ever considereth , that he was actually brought before the Lord Justice - Clerk on the 28th of June ( fourteen days before the time limited by the act for his ...
... attainder , and to serve the turn of making Mr. Murray an evidence . But who- ever considereth , that he was actually brought before the Lord Justice - Clerk on the 28th of June ( fourteen days before the time limited by the act for his ...
Page 51
... attainder , could not be denied him . The intent of the act was answered by his being made amesnable to justice before the time limited for his surrender : and he being kept close prisoner till the day for surrendering was past , it was ...
... attainder , could not be denied him . The intent of the act was answered by his being made amesnable to justice before the time limited for his surrender : and he being kept close prisoner till the day for surrendering was past , it was ...
Page 55
... attainder : and he may traverse all or any of them . Indeed when prisoners are at- tainted by name , which was the case of Mr. Murray last term , P. 47. & c . a transcript of the act of attainder is sufficient whereon to ground a prayer ...
... attainder : and he may traverse all or any of them . Indeed when prisoners are at- tainted by name , which was the case of Mr. Murray last term , P. 47. & c . a transcript of the act of attainder is sufficient whereon to ground a prayer ...
Autres éditions - Tout afficher
A Report of Some Proceedings on the Commission for the Trial of the Rebels ... Sir Michael Foster Affichage du livre entier - 1792 |
A Report of Some Proceedings on the Commission for the Trial of the Rebels ... Sir Michael Foster Affichage du livre entier - 1792 |
A Report of Some Proceedings on the Commission for the Trial of the Rebels ... Sir Michael Foster Affichage du livre entier - 1792 |
Expressions et termes fréquents
abetting accessary act of parliament admitted aiders and abettors allegiance appeareth attainder benefit of clergy CHAP charged circumstances cited clause clergy Coke commission committed common-law confession considered convicted counsel court Crown death defendant discharged doth Earl Eliz evidence execution fact farther felony forfeit forfeiture guilty Hale hath High Steward high treason holden homicide house of York indictment intended intitled judgment jury Justice Foster killed King's King's counsel laid legislature likewise Lord Chief-Justice Lord Coke Lord the King Majesty's malice manslaughter mentioned misprision of treason murder offence officer Old Bailey opinion ousted overt act pardon Parliament party peremptory challenge person petit treason Pitsligo plea pleaded present Sovereign Lord principal prisoner prisoner's prosecution publick purpose question regard robbery rule saith Scotland se defendendo Sect Sir William statute sufficient taken touching traitor trial verdict VIII viscount Tamworth warrant wilful witnesses words writ
Fréquemment cités
Page vii - ... shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy.
Page 5 - Wales during the life of the late King James, and since his decease, pretending to be and taking upon himself the stile and title of King of England, by the Name of James the Third...
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.
Page 417 - ... every person so offending, being thereof lawfully convicted, shall be adjudged guilty of felony...