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 18
... argument as it applies to the case before you , better than by appealing to an extreme case , with which you are all well acquainted- the trials of the regicides in the 17th century . You will re- collect how the indictments were there ...
... argument as it applies to the case before you , better than by appealing to an extreme case , with which you are all well acquainted- the trials of the regicides in the 17th century . You will re- collect how the indictments were there ...
Page 22
... argument myself , that every thing is evidence which tends to produce belief in the minds of the jury . That is not the law of Scotland or of any civilized country . The law judges what should be allowed to pro- duce belief in the jury ...
... argument myself , that every thing is evidence which tends to produce belief in the minds of the jury . That is not the law of Scotland or of any civilized country . The law judges what should be allowed to pro- duce belief in the jury ...
Page 23
... 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 laid in the major proposition of ...
... 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 laid in the major proposition of ...
Page 30
... the parties . This is obvious , without travelling beyond the four corners of the oath itself . It is so obvious , that no argument can prevent the indictment from going to trial . The oath alone , without going to any other article 30.
... the parties . This is obvious , without travelling beyond the four corners of the oath itself . It is so obvious , that no argument can prevent the indictment from going to trial . The oath alone , without going to any other article 30.
Page 35
... argument maintained for the pannel , I must take leave to recal to your Lordships ' notice two of the species of treason , which were not introduced , but well defined , by the statute of Edward III . These two species of treason are ...
... argument maintained for the pannel , I must take leave to recal to your Lordships ' notice two of the species of treason , which were not introduced , but well defined , by the statute of Edward III . These two species of treason are ...
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...