Commentaries Upon Martial Law: With Special Reference to Its Regulation and Restraint; with an Introduction, Containing Comments Upon the Charge of the Lord Chief Justice

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Stevens and Sons, 1867 - Jamaica - 287 pages

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Page 176 - ... upon the very same title that I am. I really think, that for wise men this is not judicious; for sober men, not decent; for minds tinctured with humanity, not mild and merciful.
Page 64 - That the pretended power of dispensing with laws, or the execution of laws, by regal authority, as it hath been assumed and exercised of late, is illegal.
Page 132 - Tone had no commission under His Majesty, and, therefore, no Courtmartial could have cognizance of any crime imputed to him, while the Court of King's Bench sat in the capacity of the great Criminal Court of the land.
Page 91 - Charter, and the law of the land: and by the said Great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death; but by the laws established in this your realm, either by the customs of the same realm or by Acts of Parliament : and whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm: nevertheless of late...
Page 12 - I contend that martial law is neither more nor less than the will of the general who commands the army. In fact, martial law means no law at all...
Page 159 - That all Children of any of Our Natural born Subjects of England to be born in Jamaica, shall from their respective Births be reputed to be, and shall be free Denizens of England, and shall have the same Priviledges to all Intents and Purposes as Our Free-born Subjects of England...
Page 97 - ... laws of this realm, yet nevertheless it being requisite for retaining such forces as are or shall be raised during this exigence of affairs in their duty, an exact discipline be observed, and that soldiers who shall mutiny or stir up sedition or shall desert their majesties' service be brought to a more exemplary and speedy punishment than the usual forms of law will allow: II.
Page 94 - ... or reason to be bound by military constitutions, applicable only to the army whereof they were not parts, but they were to be ordered and governed according to the laws to which they were subject, though it were time of war.
Page 154 - Military offenses under the statute law must be tried in the manner therein directed; but military offenses which do not come within the statute must be tried and punished under the common law of war. The character of the courts which exercise these jurisdictions depends upon the local laws of each particular...
Page 175 - ... they ought not to suffer for a slip of form, if their intention appears by the evidence to have been upright; it is the same as when complaints are brought against inferior civil magistrates...

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