A Treatise on Courts Martial: Containing, I. Remarks on Martial Law, and Courts Martial in General. II. The Manner of Proceeding Against Offenders. To which is Added, An Essay on Military Punishments and Rewards

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H. Gaine, at the Bible and Crown, in Hanover-Square, 1769 - Courts-martial and courts of inquiry - 139 pages
 

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Page 54 - Any officer, non-commissioned officer, or soldier, who, being present at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or, coming to the knowledge...
Page 69 - ... his legs and arms drawn and extended with cords to the four corners of the room, and upon his body laid as great a weight of iron, as he can bear, and more.
Page 106 - From the evidence given for and " against the prisoner, and from what he has said in his defence, are "you of opinion that he is Guilty or Not Guilty of the charge " preferred against him ? — and as they declare their opinions, he " writes them down, severally, on a sheet of paper.
Page 74 - Of Inquests to be taken before any of the Justices, and wherein our Lord the King is party howsoever it be; it is agreed and ordained by the King and all his Council, that from henceforth, notwithstanding it be alledged by them that sue for the King, that the Jurors of those Inquests, or some of them, be not indifferent for the King, yet...
Page 69 - On standing mute, the judgment was indeed a terrible one — " that he be sent to the prison from whence he came, and put into a dark lower room, and there be laid naked upon the bare ground, upon his back, without any clothes or rushes under him, or to cover him...
Page 79 - ... that the juror hath declared his opinion beforehand, that the party is guilty, or will be hanged, or the like. Yet it hath been adjudged that if it shall appear that the juror made such declaration from his knowledge of the cause, and not out of any ill will to the party, it is no cause of challenge.
Page 55 - And it seems that those who by hire, command, counsel, or conspiracy, and those who by shewing an express liking, approbation, or assent to another's felonious design of committing a felony, abet and encourage him to commit it, but are so far absent when he actually commits it that he could not be encouraged by the hopes of any immediate help or assistance from them, are accessories before the fact. But words that amount to bare permission will not make an accessory, as if A. says he will kill JS,...
Page 63 - An implied confession is where a defendant, in a case not capital, doth not directly own himself guilty, but in a manner admits it by yielding to the king's mercy, and desiring to submit to a small fine: in which case, if the court think fit to accept of such submission, and make an entry that the defendant...
Page 86 - ... the other, by reason of the implacable dissension which might be caused by it, and the great danger of perjury from taking the oaths of persons under so great a bias, and the extreme hardship of the case.
Page 56 - But if the crime committed be the same in substance with that which was commanded, and vary only in some circumstantial matters ; as where a man advises another to kill a person in the night, and he kills him in the day ; or to kill him in the fields, and he kills him in the town ; or to poison him, and he stabs or shoots him ; the person giving such command is still...

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