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 32
... import and construction of the present charge , indeed , involves the existence of another crime . The administration of the oath is a criminal act , binding the takers to commit another crime ; and how is it possible to separate the ...
... import and construction of the present charge , indeed , involves the existence of another crime . The administration of the oath is a criminal act , binding the takers to commit another crime ; and how is it possible to separate the ...
Página 41
... import of all the authorities , to some of which I may now direct the attention of the Court . The first authority to which I refer is that of Blackstone , who states the law in a brief and popular form . I quote from the 4th vol . p ...
... import of all the authorities , to some of which I may now direct the attention of the Court . The first authority to which I refer is that of Blackstone , who states the law in a brief and popular form . I quote from the 4th vol . p ...
Página 50
... import of any such oath or engagement ; shall , on conviction thereof , " & c . And by the third section it is enacted , " That persons aiding and assisting at , or present at and consenting to the administering or taking " of the oath ...
... import of any such oath or engagement ; shall , on conviction thereof , " & c . And by the third section it is enacted , " That persons aiding and assisting at , or present at and consenting to the administering or taking " of the oath ...
Página 56
... import of the oath . It is asserted , that an oath in certain terms was administered by the pannel . I do not profess to under- stand the precise meaning of this supposed oath . It is rather loosely and indefinitely expressed . To ...
... import of the oath . It is asserted , that an oath in certain terms was administered by the pannel . I do not profess to under- stand the precise meaning of this supposed oath . It is rather loosely and indefinitely expressed . To ...
Página 58
... import an obligation to commit high treason . For this purpose I shall offer a very few re- marks upon it . Nothing can be known of the nature of this engagement , but from the words of it . The party binds himself by an oath , and the ...
... import an obligation to commit high treason . For this purpose I shall offer a very few re- marks upon it . Nothing can be known of the nature of this engagement , but from the words of it . The party binds himself by an oath , and the ...
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...