Considerations on Criminal Law |
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Page iv
... Courts . XIII . Of the Court of King's Bench . T : 36 141 of Law as well as Fact . # 700 I Ο BOOK II . AI . Of Crimes . 146 §1 . Of the Nature of Crimes . ibid . 21 § 2. Of the Source of Crimes 155 139 24 10 164 § 3. Of the Degrees of ...
... Courts . XIII . Of the Court of King's Bench . T : 36 141 of Law as well as Fact . # 700 I Ο BOOK II . AI . Of Crimes . 146 §1 . Of the Nature of Crimes . ibid . 21 § 2. Of the Source of Crimes 155 139 24 10 164 § 3. Of the Degrees of ...
Page 130
... court , but find for the plaintiff or defendant upon the iffue to be tried , wherein they refolve both law and fact complicatedly , and not the fact by itself ; fo as , though they answer not fingly to the queftion , what is the law ...
... court , but find for the plaintiff or defendant upon the iffue to be tried , wherein they refolve both law and fact complicatedly , and not the fact by itself ; fo as , though they answer not fingly to the queftion , what is the law ...
Page 132
... court , whether , for inftance , it be murder , manflaughter , or no crime at all . This is where the Jurors doubt the matter of law and therefore choose to leave it to the determination of the court , though they have an unquestionable ...
... court , whether , for inftance , it be murder , manflaughter , or no crime at all . This is where the Jurors doubt the matter of law and therefore choose to leave it to the determination of the court , though they have an unquestionable ...
Page 134
... court . Is there not lefs to be appréhended from the occafional mistakes of judgment in twelve fuch Jurors , than the poffible error of judgment or of will in the Judge , who , whatever be his knowledge or probity , is but a man ...
... court . Is there not lefs to be appréhended from the occafional mistakes of judgment in twelve fuch Jurors , than the poffible error of judgment or of will in the Judge , who , whatever be his knowledge or probity , is but a man ...
Page 135
... court , yet their error may in most cases be rectified ; and where it is remedilefs , it is the leffer inconvenience of the two . Though the practice of punishing a Jury by attaint for bringing in a verdict contrary to evidence , has of ...
... court , yet their error may in most cases be rectified ; and where it is remedilefs , it is the leffer inconvenience of the two . Though the practice of punishing a Jury by attaint for bringing in a verdict contrary to evidence , has of ...
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Common terms and phrases
abfurd againſt arifes becauſe cafes capital puniſhments Carneades caſes caufes cauſes CHAP Cicero circumftances civil civil Laws confcience confequently confideration confidered conftitution Covarruvias crime Criminal Laws death degree delinquent difpofitions diftinction effects eſtabliſhed exerciſe exift exiſtence faid fame fays fecurity feems fenfe fenfible feverity fhall fhew fhould fince firft firſt flain focial fociety fome fovereign fpecies ftate ftill fubfiftence fubject fuch a ſtate fuffer fufficient fuperior fuppofe fupport fyftem Grotius High Treafon himſelf human increaſe inflicted inftance inftitutions injuftice injured intereft itſelf Judge juft juftice jurifdiction Jury juſt Law of Nature lefs Legiſlators likewife magiftrate mankind meaſure ment moft moral moſt muft murder muſt neceffary neceffity nevertheleſs niſhments obferves obligation occafion offences ourſelves paffion peace perfon perly pofition political prefent principles Puffendorf purpoſe reaſon refpect revenge SECT ſeems ſeverity ſhall ſtate thefe themſelves theſe thofe thoſe tion ture uſe virtue
Popular passages
Page 9 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Page 254 - The centre mov'd, a circle straight succeeds, Another still, and still another spreads ; Friend, parent, neighbour, first it will embrace ; His country next, and next all human race ; Wide and more wide, th...
Page 132 - ... leaving the law to the court, but find for the plaintiff or defendant upon the issue to be tried, wherein they resolve both law and fact complicately, and not the fact by itself ; so as though they answer not singly to the question what is the law, yet they determine the law in all matters, where issue is joined and tried in the principal Dissenting Opinion: Gray, Shiras, JJ. case, but [ie except] where the verdict is special.
Page 223 - I am one, , Whom the vile blows and buffets of the world Have fo incens'd, that I am recklefs what I do, to fpite the world. 1 Mur. And I another, So weary with difafters, tugg'd with fortune, That I would fet my life on any chance, To mend it, or be rid on't.
Page xxiv - ... What a lamentable case it is to see so many Christian men and women strangled on that cursed tree of the gallows ; insomuch as if in a large field a man might see together all the Christians, that but in one year throughout England come to that untimely and ignominious death, if there were any spark of grace or charity in him, it would make his heart to bleed for pity and compassion.
Page 46 - For as many as have sinned without law, shall also perish without law ; and as many as have sinned in the law, shall be judged by the law ; (for not the hearers of the law are just before God, but the doers of the law shall be justified.
Page 291 - If a man counterfeit the King's money; and if a man bring false money into the realm counterfeit to the money of England, knowing the money to be false, to merchandise and make payment withal.
Page 417 - Statutes in that case made and provided, and against the peace of our Sovereign Lord the King, his crown, and dignity.
Page xxix - ... happily force their way to the thrones of princes be it known to them, that they come attended with the...
Page 134 - L not not guilty : for, to fay the truth, it were the moft unhappy cafe that could be t6 the Judge, if he at his peril muft take upon him the guilt or innocence of the prifoner; and if the Judge's opinion muft rule the matter of fact, the trial by Jury would be ufelefs.