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" The necessity of order and discipline in an army is the only thing which can give it countenance; and therefore it ought not to be permitted in time of peace, when the king's courts are open for all persons to receive justice according to the laws of... "
The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence - Stran 231
1867
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The Quarterly Review, Količina 88

1851 - 606 strani
...truth and reality no law, but something indulged in rather than allowed as a law ; it ought not to be permitted in time of peace, when the king's courts...for all persons to receive justice according to the law of the land: We ourselves should define it to be simply the law of necessity or of self-defence....
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The Military Forces & Institutions of Great Britain and Ireland: Their ...

Henry William Byerley Thomson - 1855 - 464 strani
...is the only thing which can give it countenance;and therefore it ought not to be permitted in times of peace, when the King's courts are open for all persons to receive justice, according to the law of the land." * The Martial Law that Blackstone here refers to, does not exist in England at all....
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Advocate of Peace and Universal Brotherhood

1859 - 830 strani
...which can give it countenance ; and therefore it ought not to be permitted in time of peace, w hen the king's courts are open for all persons to receive justice according to the laws of the land. Wherefore Thomas Earl of Lancaster, being condemned at Pontefract, 15 Edward II, by martial law, his...
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Books 1 & 2

William Blackstone, George Sharswood - 1860 - 874 strani
...countenance; and therefore it ought not to be permitted in time of peace, when the king's courts are open tor all persons to receive justice according to the laws of the land. Wherefore, Thomas earl of Lancaster being condemned at Pontefract, 15 Edw. II., by martial law, his...
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The Trial of Hon. Clement L. Vallandigham: By a Military Commission: and the ...

1863 - 286 strani
...order and discipline is the only thing which can give it countenance, and therefore it ought not to be permitted in time of peace, when the king's courts...receive justice according to the laws of the land; and if a court martial put a man to death, in time of peace, the officers are guilty of murder." But...
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The Student's Blackstone: Commentaries on the Laws of England, in Four Books

William Blackstone - 1865 - 642 strani
...give it countenance; and therefore it ought not to be permitted in time of peace, when the queen's courts are open for all persons to receive justice according to the laws of the land. But, as the fashion of keeping standing armies has long universally prevailed over Europe, it has also...
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United States Reports: Cases Adjudged in the Supreme Court, Količina 71

United States. Supreme Court - 1867 - 732 strani
...to the laws to which they were subject, though it were a time of war. " Thirdly. That the exercises of martial law, whereby any person should lose his...justice according to the laws of the land. This is declared in the Petition of Right (3 Car. I), whereby such commissions and martial law were repealed...
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Commentaries Upon Martial Law: With Special Reference to Its Regulation and ...

William Francis Finlason - 1867 - 306 strani
...order and discipline is the only thing which can give it countenance ; and, therefore, it ought not to be permitted in time of peace, when the King's courts...for all persons to receive justice according to the law of the land " (Blaekstone's Commentaries, vol. i., edition 1850, p. 143). Now, whether or not this...
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A Review of the Authorities as to the Repression of Riot Or Rebellion: With ...

William Francis Finlason - 1868 - 240 strani
...discipline in an army is the only thing which can give it countenance, and therefore it ought not to be permitted in time of peace, when the King's Courts...receive justice according to the laws of the land." (voL i., 413.) And hence it was laid down by the court of law in England, in 1792, a year or two before...
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Cases and Opinions on Constitutional Law, and Various Points of English ...

William Forsyth - 1869 - 618 strani
...text, He goes on to say, that " the exercise of martial law, whereby any person should lose his life, member, or liberty, may not be permitted in time of...commissions and martial law were repealed and declared contrary to law." It thus appears that, according to Hale's opinion, even soldiers and sailors could...
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