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 3
... require : And I do further swear , that neither " hopes , fears , rewards , or punishments , shall induce me to ❝ inform on , or give evidence against , any member or mem- " bers , collectively or individually , for any act or expres ...
... require : And I do further swear , that neither " hopes , fears , rewards , or punishments , shall induce me to ❝ inform on , or give evidence against , any member or mem- " bers , collectively or individually , for any act or expres ...
Página 10
... require any illustra- tion ; it must be manifest to every one who reads the words of the statute . son . Having said thus much on the major proposition of the indictment , we now come to consider the minor proposition . Here , as in ...
... require any illustra- tion ; it must be manifest to every one who reads the words of the statute . son . Having said thus much on the major proposition of the indictment , we now come to consider the minor proposition . Here , as in ...
Página 11
... require : And I do further swear , that neither hopes , fears , rewards , or punishments , shall induce me to inform on , or give evidence against , any member or members , collectively or indivi- dually , for any act or expression done ...
... require : And I do further swear , that neither hopes , fears , rewards , or punishments , shall induce me to inform on , or give evidence against , any member or members , collectively or indivi- dually , for any act or expression done ...
Página 12
... require : And I do further swear , that neither hopes , fears , rewards , or punishments , shall in- duce me to inform on , or give evidence against , any mem- ber or members , collectively or individually , for any act or expression ...
... require : And I do further swear , that neither hopes , fears , rewards , or punishments , shall in- duce me to inform on , or give evidence against , any mem- ber or members , collectively or individually , for any act or expression ...
Página 15
... require . " Sup- port what ? Here is an ambiguity in the oath ; and an am- biguity which shews how hazardous it is to admit construc- tive treasons reared upon words uttered by persons not cri- tically acquainted with the imperfect ...
... require . " Sup- port what ? Here is an ambiguity in the oath ; and an am- biguity which shews how hazardous it is to admit construc- tive treasons reared upon words uttered by persons not cri- tically acquainted with the imperfect ...
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...