Reports of Cases Argued and Adjudged in the Courts of King´s Bench and Common Pleas
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| Hersteller: | Forgotten Books (Raymond, Robert) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Reports of Cases Argued and Adjudged in the Courts of King´s Bench and Common Pleas: In the Reigns of the Late King William, Queen Anne, King George the First, and King George the Second Reginald tucker brought a writ of error to reverse his attainder of high treason before the Justices of gaol-delivery. in Somerset shire in 2 Jac. 2. for having been in the rebellion of the duke of Monmouth. The counsel for Tucker assigned several errors in the record, but all were over-ruled except two; one, That the words contra ligeantiae suae debitum were omitted in the Indictment; the other, That the words secreta membra amputentur were omitted in the Judgment. This case was often argued by counsel, as well for the King as for tucker; and this Term the Judges gave their opinions seriatim, that the attainder ought to be reversed. And the reason of their resolution (wherein they are all agreed) was, for that allegiance is the mutual bond between the King and his subjects, by which the subjects owe duty to the King, and the King protection to his subjects; and treason is the breach and violation of that duty of allegiance which the subject ows to the King. If there is no allegiance, there can be no treason. Where the King does not owe protection to the criminal, nor the criminal allegiance to the King, the criminal cannot be a traitor. For this reason an alien enemy cannot be indicted of treason, but shall be tried and executed by martial law. 15 Hen. 7. Perkin I Werbeck´s case. 7 Rep. 6. b. Calvin´s case. 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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