The Trial at Large of Thomas Hardy for High Treason
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Excerpt from The Trial at Large of Thomas Hardy for High Treason: Before the Special Commission, at the Session-House in the Old-Bailey: Began on Tuesday, October 28, and Continued Until Wednesday, November 5, 1794 A crime of that deep malignity, loudly calls on the Justice of the nation, to interpose for the better preservation of his Mejesty´s sacred person, and for securing the peace, and the laws and liberties of this kingdom. Gentlemen, the first and effective step in this, as in the ordinary criminal proceedings is, that a Grand Jury of the county should make Inquisition alter the fact, should diligently enquire, discover, and bring forward to the view of the Criminal Magistrate, those offences which it is the object of this Special Commission to hear and to determine. "Gentlemen, you are Jurors for our sovereign Lord the the King. You are so styled in every indictment which is presented. But let the true nature of the service be understood. The King commands you to enter on this enquiry. But the royal authority in this, as in every other function, is exerted and operates ultimately for the benefit of his people. It is the King´s object to vindicate his peace, his crown and dignity; because his peace, his crown and dignity are his subjects protection, their security and their happiness. It is ultimately for them, that the laws have thrown extraordinary fences around the person and authority of the King; and that attempts against the one or the other, are considered as the highest crime which can be committed, and are punished with a severity which nothing but the Salus Populi can justify. "The business of this day, Gentlemen, calls upon me, in order that you may the better understand the subject which is to come before you, to open to you the nature of that office, which I have before spoken of generally. An ancient statute, 25th Edward III, hath declared and defined it. I shall state to you so much of that declaration and definition, as appears to me to have any probable relation to the business of this day. By that statute, it is declared high treason to compass or imagine the death of the King, provided such compassing and imagination be manifested by some act or acts, proved by two witnesses to have been done by the party accused, in prosecution of that compassing and imagination. That, from the moment that this wicked imagination of the heart is acted upon, that any steps are taken, in any manner conducive to the bringing about and effecting the design, the intention becomes the crime, and the measure of it is full. "Gentlemen, these acts or steps ate technically denominated Overt Acts; and the forms of proceeding, in cases of this nature, require that these overt acts should be particularly set forth in every indictment of treason; and from the nature of them, they must constitute the principal heads of enquiry for the Grand July. 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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