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Besides, if the ancient common law practice should be adopted, of amercing a party for troubling the courts with groundless suits, the prosecutor himself would, in the end, be likely to be amerced by the jury, in such a manner as to make courts of justice a very unproitable place for a man to go to seek revenge.
They passed a new act respecting the militia, and one for raising the State quota of Continental troops. One of their measures has been questioned as unwise and impolitic that, namely, for amercing and confiscating the estates of certain of the loyalists, and for banishing the most obnoxious among them. Something, certainly, is to be said in favor of this act.
That avenging the death of the servant, was neither imprisonment, nor stripes, nor amercing the master in damages, but that it was taking the master's life we infer. From the Bible usage of the word Nakam. See Genesis iv. 24; Joshua x. 13; Judges xv. 7-xvi. 28; 1 Samuel xiv. 24-xviii. 25-xxv. 31; 2 Samuel iv. 8; Judges v. 2; 1 Samuel xxv. 26-33, &c. &c.
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