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 - Treason |
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Page 23
... England . It is no answer to this argument for the prosecutor to say , we are going to try the prisoner for treason , but we are not to punish him for treason . We ask for no other punish- ment but that which is applicable to the crime ...
... England . It is no answer to this argument for the prosecutor to say , we are going to try the prisoner for treason , but we are not to punish him for treason . We ask for no other punish- ment but that which is applicable to the crime ...
Page 26
... England upon that subject by the 7th Anne , cap . 21. I pray your Lordships to attend to the preamble of that statute of the 1st Mary : " That the estate of every king consists more assuredly in the love of the subjects to- wards their ...
... England upon that subject by the 7th Anne , cap . 21. I pray your Lordships to attend to the preamble of that statute of the 1st Mary : " That the estate of every king consists more assuredly in the love of the subjects to- wards their ...
Page 31
... England ; -that crime , therefore , the Court had no jurisdiction to try . Yet you admitted the statement of the forgery in the narrative of the indictment in modum probationis of the crime of uttering the forged notes in Scotland , and ...
... England ; -that crime , therefore , the Court had no jurisdiction to try . Yet you admitted the statement of the forgery in the narrative of the indictment in modum probationis of the crime of uttering the forged notes in Scotland , and ...
Page 53
... England . That was a case of crimen continuum , in which the criminal act was begun in one place , continued and completed in another . If I recollect right , a case occurred some years ago , in which a proof of one crime to prove ...
... England . That was a case of crimen continuum , in which the criminal act was begun in one place , continued and completed in another . If I recollect right , a case occurred some years ago , in which a proof of one crime to prove ...
Page 18
... England could be stated in this Court , on the ground of the crime in the one country being a conti- nuation of the crime committed in the other . After the pannel pleaded upon that , informations were ordered . It was then thought the ...
... England could be stated in this Court , on the ground of the crime in the one country being a conti- nuation of the crime committed in the other . After the pannel pleaded upon that , informations were ordered . It was then thought the ...
Other editions - View all
The Trial of Andrew M'kinley, Before the High Court of Justiciary, at ... John Dow No preview available - 2016 |
The Trial of Andrew M'Kinley, Before the High Court of Justiciary, at ... John Dow No preview available - 2018 |
Common terms and phrases
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
Popular passages
Page 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.
Page 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...
Page 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?
Page 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.
Page 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.
Page 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...
Page 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...
Page 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.
Page 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...