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

W. Clarke and Sons, 1809 - 441 pages

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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 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...

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