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Commentaries on the Laws of England: In Four Books, Volumen1
Sir William Blackstone
Vista completa - 1884
according action afterwards allowed ancient answer appear assize authority benefit brought called cause charge civil clergy committed common law consider constitution conviction court crime criminal crown damages death debt defendant demand determined directed distress England equity established evidence execution fact felony former give given guilty hath Hawk held imprisonment indictment injury Inst intent issue judges judgment jurisdiction jury justice kill king king's lands lord manner matter means murder nature necessary observed offence original otherwise parliament particular party peace person plaintiff plea plead possession present principal prisoner proceedings prosecution punishment receive record recover remedy respect rule sheriff species statute sufficient suit taken tenant term therein thing tion treason trespass trial United unless usually witnesses writ wrong
Página 572 - And whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States, in all respects whatever; and shall be at liberty to form a permanent constitution and State government...
Página 364 - The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this is to destroy the freedom of the press, but if he publishes what is improper, mischievous or illegal, he must take the consequences of his own temerity.
Página 62 - Commentaries, page 110, defines a mandamus to be " a command issuing in the king's name from the court of king's bench, and directed to any person, corporation, or inferior court of judicature within the king's dominions, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court of king's bench has previously determined, or at least supposes, to be consonant to right and justice.
Página 305 - Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws...
Página 391 - When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Página 467 - ... with force and arms,' or of the occupation or place of residence of the accused, nor by the reason of the disqualification of any grand juror or grand jurors ; and in any indictment for murder or manslaughter it shall not be necessary to set forth the manner in which or the means by which the death of the deceased was caused, but it shall be sufficient in every indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased...
Página 477 - ... convicted either as an .accessory before the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice...
Página 364 - To subject the press to the restrictive power of a licenser, as was formerly done, both before and since the revolution, (a) is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion, and government.