Principles of Penal LawB. White, 1771 - 300 pages |
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Page 7
... penalty be augmented in pro- portion to the increase of the temptation ; which is a cruel and mistaken policy . f Qui vi rapuit , fur improbior videtur . " Such was the maxim of the Roman law , which punished the open , daring thief ...
... penalty be augmented in pro- portion to the increase of the temptation ; which is a cruel and mistaken policy . f Qui vi rapuit , fur improbior videtur . " Such was the maxim of the Roman law , which punished the open , daring thief ...
Page 10
... penalty ; and that malignity is in thefe cafes aggravated by the grofs breach and flagrant abuse of do- meftic confidence " . Cicero has certainly faid , quod ea funt animadvertenda peccata maxime , quę difficillime pręcaventur : but ...
... penalty ; and that malignity is in thefe cafes aggravated by the grofs breach and flagrant abuse of do- meftic confidence " . Cicero has certainly faid , quod ea funt animadvertenda peccata maxime , quę difficillime pręcaventur : but ...
Page 12
... penalties , the inftruments of defpotifm , may give a fudden check to temporary evils ; but they have a tendency to ... penalty flatters the imagination with the hope of im- punity , and thus becomes an advocate with the offender for ...
... penalties , the inftruments of defpotifm , may give a fudden check to temporary evils ; but they have a tendency to ... penalty flatters the imagination with the hope of im- punity , and thus becomes an advocate with the offender for ...
Page 17
... penalty pre- scribed bears an evident and exceffive difpro- portion to the offence , the humanity of the Judges will be interested in the evafion of it , " et magis valebunt acumina ingeniorum , quam authoritas legis . " And this is a ...
... penalty pre- scribed bears an evident and exceffive difpro- portion to the offence , the humanity of the Judges will be interested in the evafion of it , " et magis valebunt acumina ingeniorum , quam authoritas legis . " And this is a ...
Page 28
... penalties . § . 3. It deferves ferious and immediate con- fideration , how far , and by what means this defect in our law may be redreffed . It might perhaps be practicable to direct the ftrict em- ployment of a limited number of ...
... penalties . § . 3. It deferves ferious and immediate con- fideration , how far , and by what means this defect in our law may be redreffed . It might perhaps be practicable to direct the ftrict em- ployment of a limited number of ...
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Common terms and phrases
abfurd accufation accuſed againſt alfo alſo ancient attainder becauſe benefit of clergy cafe capital caſes cauſe circumftances committed common law confequence confideration confidered conftruction conviction courſe court crime criminal death diftinction Eliz Engliſh eſtabliſh execution exift exiſtence expreffion fafely faid fame fays fecurity feems felony fentiments feveral fhall fhould firſt fociety Fofter folemn fome forfeiture fpecies ftat ftatute ftill fubject fuch fuffer fufficient fuppofed fupport fyftem guilty Hale hath Hift high-treafon himſelf homicide houſe human impriſonment indictment inflicted inftance intent judges juſtice kill King larceny law of England legiflation Loix meaſure ment moft moſt murder Murdrum muſt nature neceffary neceffity obferved offence penal laws penalty perfon poffible pofitive prefent prifoner profecution puniſhment purpoſe quam quod Roman law Ruffia ſeems ſeverity ſhall Sir Edward Coke Sir Matthew Hale ſtate ſtill ſuch thefe theſe thofe thoſe tion treafon trial tryal uſed witneffes
Popular passages
Page 213 - But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman ; the ox shall be stoned, and his owner also shall be put to death.
Page 280 - That keep this dreadful pother o'er our heads, Find out their enemies now! Tremble, thou wretch, That haft within thee undivulged crimes, Unwhipt of juftice.
Page 221 - Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death : but he shall be surely put to death.
Page 235 - It is true," says this learned judge (j), "that rape is a [*215] most detestable crime, and therefore ought severely and impartially to be punished with death ; but it must be remembered, that it is an accusation easy to be made, hard to be proved, but harder to be defended by the party accused, though innocent.
Page 160 - It was carried by an odd artifice in the House of Lords. Lord Grey and Lord Norris were named to be the tellers. Lord Norris, being a man subject to vapours, was not at all times attentive to what he was doing ; so a very fat lord coming in, Lord Grey counted him for ten, as a jest at first, but seeing Lord Norris had not observed it, he went on with his mis-reckening of ten.
Page 38 - We . have lived, my lords, happily to ourselves at home : we have lived gloriously abroad to the world : let us be content with what our fathers have left us : let not our ambition carry us to be more learned than they were in these killing and destructive arts.
Page 260 - And in cases where the true man delivereth his purse without resistance, if the fact be attended with those circumstances of violence or terror which in common experience are likely to induce a man to part with his property for the safety of his person, that will amount to a robbery : and if fear be a necessary ingredient, the law, t
Page 154 - ... 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...
Page 40 - ... shall extend to the disinheriting of any heir, nor to the prejudice of the right or title of any person or persons other than the right or title of the offender or offenders during his, her, or their natural lives only...
Page 134 - For which cause also he shall be strangled, being hanged up by the neck between heaven and earth, as deemed unworthy of both, or either • as likewise, that the eyes of men may behold, and their hearts contemn him.