A Report of Some Proceedings on the Commission for the Trial of the Rebels in the Year 1746 in the County of Surrey and of Other Crown Cases: To which are Added Discourses Upon a Few Branches of the Crown Law
W. Clarke and Sons, 1809 - 441 sider
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A Report of Some Proceedings on the Commission for the Trial of the Rebels ...
Sir Michael Foster
Uten tilgangsbegrensning - 1792
abetting accessary act of parliament admitted aiders and abettors allegiance appeareth attainted benefit of clergy chap charged circumstances cited clause clergy coin Coke commission committed common-law confession considered convicted counsel court Crown death defendant discharged doth doubt Earl evidence execution fact farther felony forfeit forfeiture guilty Hale hath High Steward high treason holden homicide house of York indictment intended intitled John 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 proceeding publick purpose question regard robbery rule saith Scotland Sect seemeth shew Sir William statute sufficient taken touching trial verdict VIII viscount Tamworth warrant witnesses words writ
Side vii - ... shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy.
Side 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.
Side 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.
Side 435 - AN ACT DECLARING THE RIGHTS AND LIBERTIES OF THE SUBJECT, AND SETTLING THE SUCCESSION OF THE CROWN.
Side 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.
Side 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...
Side 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.
Side 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.