The Security of Englishmen's Lives: Or, the Trust, Power and Duty of the Grand Juries of England : Explained According to the Fundamentals of the English Government, and the Declarations of the Same Made in Parliament by Many Statutes : to which is Prefixed, a Sketch of the History of JuriesW. Dyde, 1798 - 113 strani |
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accufation accuſed againſt alfo anceſtors anſwer becauſe beſt cafes caſe cauſe circumſtances commiffion confciences confequence confpiracy conftitution counſel courſe court crimes criminal defign defire deſtroy diſcover diſturbed doth duty eftates enquire eſtabliſhed eſtates evidence examination fafety faid falfe accufation falfhood falſe fame fecret fecurity feems feveral fhall fhew fhould firſt fome ftatutes fubjects fuch fuffer fufpected fuggeftion fuit fwear fworn grand inqueft grand jury greateſt guilty hath Henry III Hiftory himſelf impriſonment indictment inftitution innocent intereſt judges judgment juftice jurors king king's kingdom leaſt lefs leſs lives lord lords of parliament malice matters ment miſchiefs moft moſt muft muſt neceffary oath obferved occafion offences Oyer and Terminer parliament party peers perfons perjuries petit jury petty jury prefent preſerve profecution puniſhment purpoſe queſtions ſeveral ſhall ſuch teftimonies thefe themſelves theſe thofe thoſe treaſon trial truft truſt truth unleſs unto uſe verdict whereof witneffes witneſſes
Priljubljeni odlomki
Stran xii - A third inconvenience was, that all the business of any moment was carried by parties and factions : for the freeholders being generally the judges, and conversing one among another, and being as it were the chief judges not only of the fact, but of the law, every man that had a suit there sped according as he could make parties. And men of great power and interest in the country did easily overbear others in their own causes, or in such wherein they were interested, either by relation of kindred,...
Stran 25 - I am assured by an eminent lawyer, that the power and office of a petit jury is judicial, that they only are the judges from whose sentence the indicted are to expect life or death. Upon their integrity and understanding the lives of all that are brought in judgment do ultimately depend ; from their verdict there lies no appeal, by finding guilty or not guilty. They do complicately resolve both law and fact.
Stran 62 - No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.
Stran 33 - ... according to the old law of the land and if any thing be done to the contrary it shall be void in law...
Stran i - ... •The Security of Englishmen's Lives; or the Trust, Power, and Duty of the Grand Juries of England, explained...
Stran xv - In this clause are clearly contained the writ of habeas corpus, and the trial by jury, — the most effectual securities against oppression which the wisdom of man has hitherto been able to devise.
Stran 33 - ... prefentment of good and lawful people of the fame neighbourhood where fuch deeds be done, in due manner...
Stran 34 - You shall diligently inquire, and true presentment make of all such articles, matters, and things, as shall be given you in charge ; and of all other matters and things as shall come to your own knowledge, touching this present service. The King's counsel, your fellows', and your own, you shall keep secret,
Stran 32 - Grand juries are our only security, in as much as our lives cannot be drawn into jeopardy by all the malicious crafts of the devil, unless such a number of our honest countrymen shall be satisfied in the truth of the...
Stran 33 - Statute was made. By another Statute, made but Fifteen Years after the last, and in the same Reign: It was assented to, and accorded for the good Government of the Commons; that no Man, be put to answer without Presentment before Justices, or Matter of Record, or by due Process, or Writ Original; according to the old Law of the Land, (b) To recite but a very small part, of all the Statutes, that have been made, to confirm, and establish the Subject's Rights, and Liberties that were his, by...