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accuſed action admitted affect againſt allowed alſo anſwer appears attorney authority becauſe believe benefit called caſe cauſe charge chief circumſtances cited civil clergy committed common law competent confeſſion conſidered convicted copy counſel court crime criminal crown death defendant dence depoſitions Edit England examination fact felony firſt give evidence given ground guilty Hale hand hath held high treaſon himſelf Hule huſband indictment intereſt judges judgment jury juſtice King Kule lord matter muſt nature never oath objection offence opinion pardon particular party perjury permitted perſon plaintiff preſent principle priſoner produced proof proſecution prove puniſhment quaker queſtion received refuſed religion reward rule ſaid ſame ſays ſhall ſhe ſhew ſhould ſome ſtate ſtatute ſuch ſufficient ſwear ſworn taken teſtimony theſe thing thoſe tion treaſon trial tried truth unleſs uſe Vide wife witneſs writing
Σελίδα 384 - The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone — when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth.
Σελίδα 310 - It was very justly observed by a great judge : that 'all questions upon the rules of evidence are of vast importance to all orders and degrees of men; our lives, our liberty, and our property are all concerned in the support of these rules, which have been matured by the wisdom of ages, and are now revered from their antiquity and the good sense in which they are founded.
Σελίδα 226 - The effect of such pardon by the king is to make the offender a new man; to acquit him of all corporal penalties and forfeitures annexed to that offense for which he obtains his pardon; and not so much to restore his former as to give him a new credit and capacity:
Σελίδα 18 - I told you before, and foretell you, as if I were present, the second time; and being absent now I write to them which heretofore have sinned, and to all other, that, if I come again, I will not spare...
Σελίδα 84 - Vaughan, fol. 37, 38, where the law, saith he, is known and clear, the judges must determine as the law is, without regard to the inequitableness or inconveniency. These defects, if they happen in the law, can only be remedied by parliament — but where the law is doubtful and not clear, the judges ought to interpret the law to be as is most consonant to equity, and what is least inconvenient.
Σελίδα 232 - If granted before conviction, it prevents any of the penalties and disabilities consequent upon conviction from attaching ; if granted after conviction, it removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity.
Σελίδα 189 - And though, under this practice, they are clearly competent witnesses, their single testimony alone is seldom of sufficient weight with the jury to convict the offenders; it being so strong a temptation to a man to commit perjury, if by accusing another he can escape himself. Let us see what has come in the room of this practice of approvement. A kind of hope, that accomplices, who behave fairly and disclose the whole truth, and bring others to justice, should themselves escape punishment, and be...
Σελίδα 280 - A very strange, but necessary, consequence of the use of torture, is, that the case of the innocent is worse than that of the guilty. With regard to the first, either he confesses the crime, which he has not committed, and is condemned; or he is acquitted, and has suffered a punishment he did not deserve.
Σελίδα 215 - ... farce of a mock trial ; the witnesses, the compurgators, and the jury, being all of them partakers in the guilt : the delinquent party also, though convicted before on the clearest evidence, and' conscious of his own offence, yet was permitted and almost compelled to swear himself not guilty : nor...