The Trial of Andrew M'Kinley Before the High Court of Justiciary, at Edinburgh, on the 26th July, 1817, for Administering Unlawful Oaths: With the Antecedent Proceedings Against William Edgar, John Keith, and Andrew M'Kinley
Manners and Miller, 1818 - 70 pages
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The Trial of Andrew M'kinley Before the High Court of Justiciary, at ...
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administered Advocate alleged amount answer appears apply argument authority bind bound called cause charge circumstances clause commit treason common considered construction counsel Court crime criminal death diet doubt effect endeavours engagement England entitled evidence express fact felony force give given Glasgow guilty held high treason import indictment intended intending to bind James John judge jury Justice King learned levying libel Lord Lordships manner meaning meeting ment mentioned murder nature necessary never oath objection obligation observe obtain offence opinion overt act pannel Parliament particular party passed person physical strength pleaded practice present principle prisoner proceeding proposition prove public prosecutor punishment purport purporting or intending question referred relevancy require rule Scotland served species statute sufficient suffrage supposed taken taking thing tion trial tried whole witness
Page 98 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 56 - ... at the administering of any oath or engagement, purporting or intending to bind the person taking the same to commit any Treason or Murder, or any Felony punishable by Law with death, shall, on conviction thereof by due course of Law, be adjudged guilty of Felony, and suffer death as a Felon without benefit of Clergy...
Page 15 - I shall know to be against him or any of them. And I do faithfully promise to the utmost of my power to support, maintain, and defend the Succession of the Crown against the Descendants of the said James?
Page 40 - Insurrections likewise for redressing national grievances, or for the expulsion of foreigners in general, or indeed of any single nation living here under the protection of the king, or for the reformation of real or imaginary evils of a public nature, and in which the insurgents have no special interest, risings to effect these ends by force and numbers, are by construction of law within the clause of levying war. For they are levelled at the king's crown and royal dignity.
Page 57 - Great Britain and Ireland, not disqualified by crimes or insanity, the elective franchise at the age of twenty-one, with free and equal representation, and annual parliaments ; and that I will support the same to the utmost of my power, either by moral or physical strength, as the case may require.
Page 65 - ... two kinds of levying war : — one against the person of the King; to imprison, to dethrone, or to kill him ; or to make him change measures, or remove counsellors : — the other, which is said to be levied against the majesty of the King, or, in other words, against him in his regal capacity; as when a multitude rise and assemble to attain by force and violence any object of a general public nature; that is levying war against the majesty of the King ; and most reasonably so held, because it...
Page 26 - Majesty, her heirs or successors, and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed...
Page 9 - ... their own innocence, and many times gross murders, burglaries, robberies, and other heinous and crying offences, escape by these unseemly niceties, to the reproach of the law, to the shame of the government, and to the encouragement of villainy, and to the dishonour of God. And it were very fit, that by some law this over-grown curiosity and nicety were reformed, which is now become the disease of the law, and will, I fear, in time grow mortal, without some timely remedy.