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
E. and R. Brooke, 1792 - 441 páginas
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A Report of Some Proceedings on the Commission for the Trial of the Rebels ...
Sir Michael Foster
Visualização completa - 1809
abetting accessary act of parliament admitted aiders and abettors allegiance appeareth attainder attorney-general benefit of clergy cafe 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 faith fame farther felony forfeit forfeiture guilty Hale hath High Steward high treason holden homicide house of York indictment intended intitled judgment jury killed King's laid learned judge legislature likewise Lord Chief-Justice Lord Coke Lord the King Majesty's malice manslaughter mentioned misprision of treason murder Murdrum offence officer Old Bailey opinion ousted overt act pardon Parliament party peremptory challenge person petit treason plea pleaded present Sovereign Lord principal prisoner prisoner's proceeding prosecution publick purpose question regard robbery rule Scotland Sect shew statute sufficient taken tion touching trial verdict VIII viscount Tamworth warrant wilful witnesses words writ
Página 220 - 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...
Página 296 - No man under the protection of the law is to be the avenger of his own wrongs. If they are of a nature for which the laws of Society will give him an adequate remedy, thither he ought to resort, but be they of what nature soever, he ought to bear his lot with patience and remember that vengeance belongeth only to the Most High.
Página 273 - ... 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.
Página 297 - I said before, upon a sudden quarrel, the parties fight upon the spot, or if they presently fetch their weapons, and go into the field and fight, and one of them falleth, it would be but manslaughter, because it may be presumed the blood never cooled.
Página 200 - ... malignity and proper evidence. They are often the effect of mere heat of blood, which, in some natures otherwise well disposed, carrieth the man beyond the bounds of decency or prudence. They are always liable to great misconstruction from the ignorance or inattention of the hearers, and too often from a motive truly criminal.
Página 265 - After dinner he went to church, and in the evening returned home with his wife and neighbours, bringing his gun with him, which was carried into the room where his wife was, she having brought it part of the way. He taking it up touched the trigger, and the gun went off and killed his wife, whom he dearly loved.
Página 70 - During this search, the man, under whose care the children were, observed that a heap of dung near the house had been newly turned up ; and, upon removing the upper part of the heap, he found the body of the child about a foot's depth under the surface, cut and mangled in a most barbarous and horrid manner. Upon this discovery, the boy, who was the only person capable of committing the fact, that was left at home with the child, was charged with the fact, which he stiffly denied.
Página 245 - King, two of the overt afts charged were, that he and others met and confulted the proper means for way-laying the King, and attacking him in his coach ; and alfo that they agreed to provide forty men for that purpofe. The counfel for the Crown offered to give evidence, that the prifoner produced to one of the confpirators a lift of the names of a fmall party which was to join in the attempt, and of which he was to have the command, with his own name at the head of the lift as their commander. This...
Página xv - Act nor anything therein contained shall any ways extend to any indictment of high treason, nor to any proceedings thereupon, for counterfeiting his Majesty's coin, his great seal or privy seal, his sign manual or privy signet.
Página 108 - ... dwelling-house, and putting his hand through the hole, took out watches and other things, which hung in the shop within his reach, but no entry was proved, otherwise than by putting his hand through the hole. This was held to be burglary, and the prisoner was convicted.