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30 Aug 1804
1
Maintenance is an
... officious intermedling
in a suit that
no ways belongs to one,
by maintaining or
assisting
either party
with money or otherwise,
to prosecute or
defend if: a practice
that was greatly encouraged
by the first
introduction of cases
This is an offence agt
public justice, as it keeps
alive strife & contention
of perverts the remedial
process of the law into
an engine of oppression
IV 134
2
The law takes no notice
of any perjury but
such as is committed
in some court of justice,
have
power to administer
an oath; or before some
magistrate or proper
officer, invested with
a similar authority
in some proceedings
relative to a civil suit
or a criminal prosecutn:
for it esteems all other
oaths unnecessary at
least, & therefore will
not punish the breach
of them. IV 137
All affrays in a
church or church-yard
are esteemed very heinous
offences, as being in
dignities to him to
whose service those places
are consecrated. IV 145
It is immaterial
with respect to the expence
of a libel, whither
the matter of it be
true of false; since the
provocation & not the
falsity is the thing to be
punished criminally.
IV 150
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3
If an officer beheads
one who is adjudged
to be hanged, or vice
versa it is murder.
Natural Law IV 179
6
Such homicide as is
committed for the prevention
of any forcible
& atrocious crime, is
justifiable by the law
of nature. IV 180.
7
The benignity of the
law hath construed
the statute [Jac.1.c.8] so
favourable in behalf
of the subject, & so
strictly when agt him
that the offence of
stabbing stands almost
upon the same footing,
as it did at the common
law. Thus... in the
construction of the statute
it hath been doubted
whether, if the deceased
had struck at all before
the mortal blow given,
this takes it out of the
statute, tho' in the preceding
quarrel in the stabber
had given the first
blow; & if it seems to be
the better opinion, that
this is not within the
statute. Also it hath
been rendered, that the
killing a man by throwing
a hammer or other
weapon is not within
the statute; & whether
a shot with a pistol
be so or not is doubted.
But if the party slain
had a cudgel in his
hand, or had thrown
a pot or a bottle, or
discharged a pistol
at the party stabbing,
this is sufficient
having a weapon drawn
on this side within
the words of the statute.
IV 193, 194
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8
To kill a child in
it's mother's womb, is
now no murder, but
a great suspicion:
but if the child be
born alive, & death by
reason of the potion or
bruises it receives in
the womb, it is murder
in such as administered
or gave them. IV 198
9
In many cases when
no malice is expressed,
the law will imply it.
IV 200.
10
Mayhem... is... looked
upon in a criminal
light by the law; being
an atrocious breach of
the King's peace, & an
offence tending to deprive
him of the aid
& assistance of his
subjects. IV 205
11
But the cutting off
his [a man's] ear, or nose,
or the like, are not
held to be mayhems at
common law; because
they do not weaken
by only disfigure
him. IV 206
12
Burglary... has always
been looked upon
as a very heinous
offence: not only because
of the abundant terror
that it naturally carries
with it, but also
as it is a forcible disturbance
& invasion of
that night of habitation,
which ever individual
might acquire even in
a state of nature;
an invasion which in
such a state would
be sure to be punished
with the death unless the
assailant were the
stronger. IV 223.
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