The Trial of Andrew M'Kinley Before the High Court of Justiciary, at Edinburgh, on the 26th July, 1817, for Administering Unlawful Oaths: With the Antecedent Proceedings Against William Edgar, John Keith, and Andrew M'KinleyManners and Miller, 1818 |
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Página 9
... Lordships that the libel in this case is not relevant , according to the principles of the criminal law of Scotland . This is a subject of the utmost importance , and to which the attention of your Lordships is now most earnestly ...
... Lordships that the libel in this case is not relevant , according to the principles of the criminal law of Scotland . This is a subject of the utmost importance , and to which the attention of your Lordships is now most earnestly ...
Página 13
... Lordships are of opinion , that it does not imply what the prosecutor alleges , his mere averment that it is an oath of a certain purport will not make it so ; and he is not entitled to have that question sent to the Jury , for that ...
... Lordships are of opinion , that it does not imply what the prosecutor alleges , his mere averment that it is an oath of a certain purport will not make it so ; and he is not entitled to have that question sent to the Jury , for that ...
Página 14
... Lordships , that it is the privilege of every subject in this country , to form his own opinion on subjects of a political nature ; and having formed his opi- nion , he may make use of lawful means to have such chan- ges produced in the ...
... Lordships , that it is the privilege of every subject in this country , to form his own opinion on subjects of a political nature ; and having formed his opi- nion , he may make use of lawful means to have such chan- ges produced in the ...
Página 21
... Lordships will observe , that no fact is here specified from which such an inference can be deduced . It is stated in the narrative , that the prisoner " having wickedly , maliciously , and traitorously conspired and agreed with other ...
... Lordships will observe , that no fact is here specified from which such an inference can be deduced . It is stated in the narrative , that the prisoner " having wickedly , maliciously , and traitorously conspired and agreed with other ...
Página 22
... Lordships will see at once the principle upon which this rule is founded , and indeed it is afterwards stated by the learned author whom I have just quoted . He says , " it is to avoid the risk of a jury being influenced by the proof of ...
... Lordships will see at once the principle upon which this rule is founded , and indeed it is afterwards stated by the learned author whom I have just quoted . He says , " it is to avoid the risk of a jury being influenced by the proof of ...
Otras ediciones - Ver todas
The Trial of Andrew M'kinley, Before the High Court of Justiciary, at ... John Dow Sin vista previa disponible - 2016 |
The Trial of Andrew M'Kinley, Before the High Court of Justiciary, at ... John Dow Sin vista previa disponible - 2018 |
Términos y frases comunes
act of Parliament administering an oath ALEXANDER MACONOCHIE alleged Andrew M'Kinley apply argument benefit of clergy bind the person bind to commit bound charge clause commit treason common law construction counsel Court crime criminal death declared desert the diet dictment Drummond endeavours fact felony force Glasgow guilty high treason Hugh Dickson inference informant intending to bind James Hood John judge jury King law of England law of Scotland legislature levying libel Lord Advocate LORD JUSTICE Lord Justice Clerk Lordships Majesty's Advocate meaning ment minor proposition murder oath binding oath or engagement oath purporting objection obligation to commit offence opinion overt act pannel parliaments and universal person taking Peter Gibson petit treason physical strength pleaded present prisoner public prosecutor punishment purporting or intending purporting to bind question relevancy second indictment shew species of treason statute supposed thing tion trea trial tried universal suffrage unlawful witness words
Pasajes populares
Página 98 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Página 56 - ... at the administering of any oath or engagement, purporting or intending to bind the person taking the same to commit any Treason or Murder, or any Felony punishable by Law with death, shall, on conviction thereof by due course of Law, be adjudged guilty of Felony, and suffer death as a Felon without benefit of Clergy...
Página 15 - I shall know to be against him or any of them. And I do faithfully promise to the utmost of my power to support, maintain, and defend the Succession of the Crown against the Descendants of the said James?
Página 40 - Insurrections likewise for redressing national grievances, or for the expulsion of foreigners in general, or indeed of any single nation living here under the protection of the king, or for the reformation of real or imaginary evils of a public nature, and in which the insurgents have no special interest, risings to effect these ends by force and numbers, are by construction of law within the clause of levying war. For they are levelled at the king's crown and royal dignity.
Página 57 - Great Britain and Ireland, not disqualified by crimes or insanity, the elective franchise at the age of twenty-one, with free and equal representation, and annual parliaments ; and that I will support the same to the utmost of my power, either by moral or physical strength, as the case may require.
Página 65 - ... two kinds of levying war : — one against the person of the King; to imprison, to dethrone, or to kill him ; or to make him change measures, or remove counsellors : — the other, which is said to be levied against the majesty of the King, or, in other words, against him in his regal capacity; as when a multitude rise and assemble to attain by force and violence any object of a general public nature; that is levying war against the majesty of the King ; and most reasonably so held, because it...
Página 26 - Majesty, her heirs or successors, and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed...
Página 9 - ... their own innocence, and many times gross murders, burglaries, robberies, and other heinous and crying offences, escape by these unseemly niceties, to the reproach of the law, to the shame of the government, and to the encouragement of villainy, and to the dishonour of God. And it were very fit, that by some law this over-grown curiosity and nicety were reformed, which is now become the disease of the law, and will, I fear, in time grow mortal, without some timely remedy.
Página 58 - In the awful presence of God, I, AB , do voluntarily declare, that I will persevere in endeavouring to form a brotherhood of affection among Irishmen of every religious persuasion...