A complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the year 1783, with notes and other illustrations Volume 14 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1816 Excerpt: ...whose vote was disallowed, though it should be found at last that he had no right.--As to tbe words 'f also et malitiose' laid in this declaration, which seem to be a great ingredient in this action, I agree, in some cases where there is a jurisdiction, these words may make a great aggravation of the offence; but they cannot make a thing unlawful that is lawful, nor give a jurisdiction where there was none before: For no man will say, if a person should bring an action at com mon law for a legacy, and allege, that the executor, though he bail sufficient assets, yet he 1 f also et malitiose,' refused to pay it; that would give a jurisdiction to tbe courts of cammon-law, SA These words are verba elericorum, words of course for the most part. Besides, how dangerous and hazardous it would be for an officer, though ever so innocent, to depend upon these words; when every body knows that falsity and malice rest in the mind, they are in the imagination, and the jury that are to try this action are at liberty to judge with what mind the officer acted: that would be the hardest thing in the world for an officer to undergo in erery action. It would be enough for the jury to presume it was done maliciously, (seeing few mayors, or bailiffs, but have their inclinations, and give their votes themselves for their friends,) became the officer made an interest for the other side; and the consequence of this new invented action, if countenanced, will be, that every triennial parliament will bring a triennial harvest to Westminster-ball. I speak against my own private interest, if that was to be considered. Elections, without actions, keep up animosities too long, so that they are hardly healed in three' years lime; but these actions willl help to vex and worry corporations f...
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