A Treatise of the Principles and Practice of Naval Courts-martial: With an Appendix, Containing Original Papers and Documents Illustrative of the Text, Opinions of Counsel Upon Remarkable Cases, the Forms Preparatory to Trial, and Proceedings of the Court to Judgment and Execution

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Whieldon and Butterworth, 1792 - Courts-martial and courts of inquiry - 163 pages
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Page 52 - The necessity of order and discipline in an army is the only thing which can give it countenance; and therefore it ought not to be permitted in time of peace, when the king's courts are open for all persons to receive justice according to the laws of the land.
Page 1 - LAW, in its most general and comprehensive sense, signifies a rule of action ; and is applied indiscriminately to all kinds of action, whether animate or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of nations.
Page 11 - ... their own private wills to the will of one man, or of one or more...
Page 118 - ... and inclinations of the witness — in which points all persons must appear alike when their depositions are reduced to writing, and read to the judge in the absence of those who made them ; and yet as much may be frequently collected from the manner in which the evidence is delivered, as from the matter of it.
Page xi - ART. 6. Any officer or soldier who shall behave himself with contempt or disrespect towards his commanding officer, shall be punished according to the nature of his offence, by the judgment of a court martial.
Page 2 - THUS, when the Supreme Being formed the universe, and created matter out of nothing, he impressed certain principles upon that matter, from which it can never depart, and without which it would cease to be. When he put that matter into motion, he established certain laws of motion, to which all moveable bodies must conform.
Page xiv - Martial belonging to the Fleet shall refuse to apprehend any Criminal whom he shall be authorized by legal Warrant to apprehend, or to receive or keep any Prisoner committed to his Charge, or wilfully suffer him to escape, being once in his Custody, or dismiss him without lawful Order, upon Pain of such Punishment as a Court Martial shall deem him to deserve; and all Captains, Officers and others...
Page xlix - By the Commissioners for executing the Office of Lord " High Admiral of Great Britain and Ireland, &c.
Page 19 - And then it has jurisdiction over pleas of life and member, arising in matters of arms and deeds of war, as well out of the realm as within it.
Page lxiii - ... Some time after, he brought an action against sir Chaloner Ogle, who had been president of the above court-martial, and had a verdict in his favour for one thousand pounds damages, as it was also proved that he had been kept fourteen months in the most severe confinement before he was brought to his trial.

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