Observations on the Origin of the Trial by Council of War
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Produktbeschreibung
Excerpt from Observations on the Origin of the Trial by Council of War: Or the Present Court-Martial It had by that time grown to such a dangerous height of authority, that the king abolished it as an hereditary office; nor was it afterwards revived except for the special purpose of a temporary exercise of its judicial powers. The last instance of this kind occured in 1631, upon an appeal of treason brought by Donald Lord Rae against David Ramsay, when Robert, Earl of Lindsay, was appointed High Constable, and a Court of Chivalry constituted, consisting of the Constable, the Earl Marshal, and ten others of the officers of state and principal nobility, to "hear, decide, and bring to final sentence this cause, and do therein according to the law and custom of armies, and the usage of the Military Court of England." The difference between the parties in this case was adjudged to be settled by a public duel, but the judgment, at first approved by the King, was afterwards set aside as a relic of barbarism. The presence of the High Constable had not always, however, been regarded as necessary to the legal constitution of the court. For a long time it was held by the Marshal alone, and the legality of his exercise of judicial powers without the Constable, during a vacancy in that office, was sustained in the reign of James I, by the decision of the Lord Keeper, the Master of the Rolls, and other lords of the Privy Council. But this decision was reversed in the succeeding reign by the Lord Keeper and judges of the King´s Bench, and the court in Ramsay´s case was formed agreeably to the latter decision. At the time of Richard II, the Marshal´s Court had usurped jurisdiction to such an extent that it became necessary to restrain it by statute, and its legal jurisdiction was accordingly defined as follows: - "To the Constable it pertaineth to have cognizance of contracts touching deeds of arms and of war out of the realm, and also of things that touch war within the realm, which cannot be determined nor discussed by the common law, with other usages and customs, to the same matter pertaining, which other Constables heretofore have duly and reasonably used in their time." About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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