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Reflections on the Trial of the Prince de Polignac and his colleagues before ...
Sir William SHEE
Uten tilgangsbegrensning - 1836
56th article accused ministers Arago arbitrary attainder authority Bastard Beranger Bill of Attainder Casimir Perier Chamber of Deputies Chamber of Peers charge Charles X Charter of 1814 civil colleagues Committee Comte Comte de Peyronnet condemnation Constitutional Charter constructive treason conviction Court of Justice crime of treason criminal Crown death declared defence Delarue doubt Duke of Ragusa duty dynasty Earl of Strafford elections enacted England English evidence fact France French guilty high treason honour impeachment imputed judges judgment judicial jurisdiction King kingdom lawyers liberty Lord Strafford's Louis XVIII managers Marshal Martignac Mauguin ment Ministers of Charles Monsieur Persil object offence opinion ordinances Ordonnance Paris Parliament party Pasquier Penal Code persons Peyronnet political Prefet Prince de Polignac principle Proces des Ministres pronounced prosecution punishment question reign Report Revolution of July royal statute throne tion trial tribunal troops Volvic witnesses words
Side 138 - Tout concert de mesures contraires aux lois, pratiqué, soit par la réunion d'individus ou de corps dépositaires de quelque partie de l'autorité publique, soit par députation ou correspondance entre eux, sera .puni d'un emprisonnement de deux mois au moins et de six mois au plus, contre chaque coupable, qui pourra de plus être condamné à l'interdiction des droits civiques, et de tout emploi public, pendant dix ans au plus.
Side 33 - The job customarily requires full-time training for a period of not less than six months and not more than two years.
Side 140 - However flagitious may be the crime of conspiring to subvert by force the government of our country, such conspiracy is not treason. To conspire to levy war, and actually to levy war, are distinct offences. The first must be brought into open action by the assemblage of men for a purpose treasonable in itself, or the fact of levying war cannot have been committed.
Side 141 - No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or a confession in open court.
Side 141 - It is not the intention of the court to say that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Side 53 - Mary to abrogate and repeal all, but only such as are specified and expressed in this statute of Edward the Third. By which law the safety of both the King and of the subject, and the preservation of the common weal, were wisely and sufficiently provided for, and in such certainty, that nihil relictum est arbitrio judicis.
Side 52 - Third, how dangerous it is by construction, and ANALOGY, to make treasons where the LETTER of the law has not done it. For such a method admits of no limits, or bounds, but runs as far and as wide as the wit and invention of accusers, and the detestation of persons accused, will carry men.
Side 139 - States ought to be enabled to punish it; but as newfangled and artificial treasons have been the great engines by which violent factions, the natural offspring of free governments, have usually wreaked their alternate malignity on each other, the convention have, with great judgment, opposed a barrier to this peculiar danger, by inserting a constitutional definition of the crime, fixing the proof necessary for...