Charge of the Lord Chief Justice of England to the Grand Jury at the Central Criminal Court, in the Case of the Queen Against Nelson and Brand: Taken from the Shorthand Writer's NotesW. Ridgway, 1867 - 165 strani |
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according accused Act of Parliament administered appears application army Articles Articles of War authorised authority brought charge circumstances civilian colony commission committed common law constitution court court-martial criminal Crown Custos declare martial law deposition doubt duty Earl Marshal enactment evidence executed exercise of martial Gentlemen George William Gordon Gordon Governor guilty high treason instance insurrection island Jamaica judicial jurisdiction jury King King's Kingston land law in force law of England legislation Lieutenant Lord Coke Lord Hale Lord-Lieutenant magistrate Majesty's military law military tribunals militia Morant Bay murder Mutiny Act negroes offences officers opinion ordinary tribunals outbreak Parliament Paul Bogle peace persons Petition of Right population prerogative prisoner proceedings punishment purpose put in force put martial law put to death Queen question realm rebellion rebels recital reference reign sentence settled soldiers Sovereign statute suppressing taken thing took place trial tried William
Priljubljeni odlomki
Stran 64 - ... is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial. VIII. By pretext whereof some of your Majesty's subjects have been by some of the said commissioners put to death...
Stran 64 - And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants, against their wills, have been compelled to receive them into their houses...
Stran 67 - Army. The maintenance of a standing army, in time of peace, without the consent of Parliament, is prohibited by the Bill of Rights of 1690.
Stran 65 - ... for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land.
Stran 133 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Stran 57 - Secondly, this indulged law was only to extend to members of the army, or to those of the opposite army, and never was so much indulged as intended to be executed or exercised upon others...
Stran 65 - ... upon pretence that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid; which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm.
Stran 65 - And that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come. And that the aforesaid commissions for proceeding by martial law may be revoked and annulled. And that hereafter no commissions of like nature may issue forth...
Stran 61 - Where martial law is established " and prevails in any country, it is of a totally different " nature from that which is inaccurately called martial law...
Stran 58 - And it is laid down, that if a lieutenant, or other, that hath commission of martial authority, doth in time of peace hang or otherwise execute any man by colour of martial law, this is murder ; for it is against Magna Carta.