A Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors from the Earliest Period to the Year 1783, with Notes and Other Illustrations, Volume 33
Longman, Hurst, Rees, Orme and Brown, 1826 - Trials
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John Andrews, chief magistrate of Kilmarnock. ... Lord Justice Clerk. ... I conceive
also, that in justice to the panel and in justice to the opposite side of the bar, (who
always meet me with liberality, and whom I wish to meet in the same manner), ...
Lord Advocate.—The evidenee would not be complete; Mr. Grant can only
explain how he came by these papers. Lord Justice Clerk.—In a legal sense what
Mr. Grant ... you chief magistrate of Kilmarnock 2– Yes. Y Were you in that office
is, “If a man do levy war against our lord the king in his realm.' And this may be
done by taking ... Many other instances might be put. Lord Chief Justice Ilol, in * 4
Comm, 81. sir John Friend's case, says, “if persons do assemble themselves, ...
Sir Michael Foster corrects the old doctrine as laid down by sir Matthew Hale,
page 208, first folio edition: “Lord Chief Justice Hale, speaking of such unlawful
assemblies as may amount to a levying of war within the 25th Edward 3rd, taketh
Lord Chief Justice Hale is very full and express on the other side of the question:
that a person who is guilty of petit treason ... I quote this passage for the purpose
of shewing, that the learned Judge's only difficulty was, that petit treason was a ...
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A Complete Collection of State Trials and Proceedings for High ..., Volume 33
He will be tried over high treason.
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