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 iv
... judges thought him to be excluded ; and some later judges have agreed with them : but the argument of Mr. Justice Foster , whom Sir William Blackstone * justly stiles a very great master of the crown - law , and who , as Lord Chief ...
... judges thought him to be excluded ; and some later judges have agreed with them : but the argument of Mr. Justice Foster , whom Sir William Blackstone * justly stiles a very great master of the crown - law , and who , as Lord Chief ...
Page v
... judges have mistaken the law . Sims might deserve as severe a punishment as Midwinter ; but no punishment which is not au- thorized by law ought to be inflicted on any man , and the point is , Whether the law in this case hath provided ...
... judges have mistaken the law . Sims might deserve as severe a punishment as Midwinter ; but no punishment which is not au- thorized by law ought to be inflicted on any man , and the point is , Whether the law in this case hath provided ...
Page vii
... judges , * on a refer- ence to them , determined , that the offence of all was capital ; and they were all executed ... judges at this time . The former died Nov. 7 , 1763 , and the latter was made a judge in 1770 . The The second case ...
... judges , * on a refer- ence to them , determined , that the offence of all was capital ; and they were all executed ... judges at this time . The former died Nov. 7 , 1763 , and the latter was made a judge in 1770 . The The second case ...
Page viii
... judges two questions were made , on the first of which Lord Chief - Justice Ryder differed from Mr. Justice Foster and the other judges , and on the second he and Mr. Justice Foster concurred in opinion against the others . This case ...
... judges two questions were made , on the first of which Lord Chief - Justice Ryder differed from Mr. Justice Foster and the other judges , and on the second he and Mr. Justice Foster concurred in opinion against the others . This case ...
Page ix
... judges . " I have no recollection , that the opinions of the judges in this case are reported in any book : and therefore as the points are of real importance , and it is still possible , that a less accurate ac- count may be published ...
... judges . " I have no recollection , that the opinions of the judges in this case are reported in any book : and therefore as the points are of real importance , and it is still possible , that a less accurate ac- count may be published ...
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...