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according Act and Articles Act of Indemnity allowed applied arms army assembled bill of indemnity Blackstone charge circumstances civil power clearly colony command commission committed common law course court court-martial crime criminal liability criminal prosecution Crown culpable danger death declared defendant doctrine doubt duty E. J. Eyre Edward John Eyre enacted evidence excess execution exercise of martial Eyre felonious outrage governor grand jury guilty Ibid illegal indictment insurrection Jamaica judicial justified laid law of England learned judge legality of martial liable Lord Chief Justice Lord Mansfield magistrate malice martial law military authority military force murder Mutiny Act necessary necessity occasion offences officer opinion oppressively ordinary law Parliament peace persons Petition of Right prerogative principle Privy Council proclamation of martial punishment question reason rebels regular military law Reports Riot Act rioters sentence soldiers statute summary suppression tion trial tribunal tried unlawfully wilful
Page 144 - And if the government of Rhode Island deemed the armed opposition so formidable, and so ramified throughout the State as to require the use of its military force and the declaration of martial law, we see no ground upon which this court can question its authority. It was a state of war, and the established government resorted to the rights and usages of war to maintain itself, and to overcome the unlawful opposition.
Page 123 - ... to do and execute all things that belong to his said Office, according to the tenor of these Our Letters Patent and of such Commission as may be issued to him under Our Sign Manual and Signet, and according to such Instructions as may from time to time be given to him under Our Sign Manual and Signet, or by Our Order in Our Privy Council, or by Us, through one of Our Principal Secretaries of State, and to such Laws as are now or shall hereafter be in force in the Dominion.
Page 123 - Esq. of our Especial Grace, certain knowledge and mere motion, have thought fit to constitute and appoint and by these presents do constitute and appoint you the said Henry Ellis to be our Captain...
Page 99 - Military offences under the statute law must be tried in the manner therein directed ; but military offences 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 country. In the armies of the United States the first is exercised by courts-martial ; while cases which do not come within the
Page 24 - In the first place, by the common law, every private person may lawfully endeavour, of his own authority, and without any warrant or sanction of the magistrate, to suppress a riot by every means in his power. He may disperse, or assist in dispersing, those who are assembled; he may stay those who are engaged in it from executing their purpose; he may stop and prevent others whom he shall see...
Page 57 - ... 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 144 - State may use its military power to put down an armed insurrection, too strong to be controlled by the civil authority. The power is essential* to the existence of every government, essential to the preservation of order and free institutions, and is as necessary to the States of this Union, as to any other government.
Page 53 - ... that the aforesaid commissions, for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land.
Page 115 - But this must be understood with very many and very great restrictions. Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony.