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" The only force that doth excuse is a force upon the person and present fear of death ; and this force and fear must continue all the time the party remains with the rebels. "
Report of the State Trials, Before a General Court Martial Held at Montreal ... - Page 269
1839
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A Report of Some Proceedings on the Commission for the Trial of the Rebels ...

Sir Michael Foster - Accomplices - 1792 - 504 pages
...that doth excufe is a force upon the perfon y and prefent fear of death; and this force and fear muft continue all the time the party remains with the rebels. It is incumbent on every man, who makes force his defence, to {hew an actual force, and that he quitted the fervice...
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A Report of Some Proceedings on the Commission for the Trial of the Rebels ...

Sir Michael Foster - Accomplices - 1809 - 504 pages
...supposing that to have been the case of the prisoner, is no excuse in the eye of the law for joining and marching with rebels.* The only force that doth excuse...the party remains with the rebels. It is incumbent on every man, who makes force his defence, to shew an actual force, and that he quitted the service...
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A Complete Collection of State Trials and Proceedings for High ..., Volume 18

Trials - 1816 - 714 pages
...went off, surrounded by the duke's party. " The only force that doth excuse, is a forçf t upon tbe person, and present fear of death ; * and this force...the party remains with the rebels. It is incumbent on every man, who makes force hit defence, to shew an actual force, and that he quitted the service...
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A Complete Collection of State Trials and Proceedings for High ..., Volume 18

Trials - 1816 - 712 pages
...of Perth, being summoned to meet him, appeared on the thiru summons, on the 28th of August, when " The only force that doth excuse, is a force upon the person, and present tear of death ; and this force and fear must continue all the time the party remains with the rebels....
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Commentaries on the Laws of England: In Four Books, Volume 1

Sir William Blackstone - Law - 1825 - 576 pages
...the respective punishments, and other causes concurred with technical reasons to produce them. (5) The only force that doth excuse is a force upon the...the party remains with the rebels. It is incumbent on every man, who makes force his defence, to shew an actual force, and that he quitted the service...
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Commentaries on the laws of England. [Another], Volume 4

sir William Blackstone - Law - 1825 - 584 pages
...the respective punishments, and other causes concurred with technical reasons to produce them. (5) The only force that doth excuse is a force upon the...death, and this force and fear must continue all the tim* the party remains with the rebels. It is incumbent on every man, who makes force his defence,...
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A Complete Collection of State Trials and Proceedings for High Treason and ...

Trials - 1828 - 358 pages
...Case, 18 vol. 393, and (note).— The only Fear which will excuse is a present Fear of death, and this Fear must continue all the time the party remains with the Rebels, ibid. 394. FEES. Mr. Emlyn's Animadversions upon the practice of allowing Fees to Gaolers, 1 vol. xxxvii....
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Report of the State Trials, Before a General Court Martial Held at ..., Volume 1

Canada - 1839 - 400 pages
...aiding Traitors. It is enough to state, in the general terms of a writer of high authority, that " the only " force that doth excuse, is a force upon...and this force and fear must continue all the time the'party " remains with the Rebels. It is incumberit upon men,- who m'e&e " force their defence, to...
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Remarks on the Constitution and Practice of Courts Martial: With a Summary ...

Thomas Frederick Simmons - Courts-martial and courts of inquiry - 1843 - 678 pages
...cases of mutiny and rebellion, arises from threats or menaces, which induce a fear of death ; but " the only force that doth excuse, is a force upon the...continue all the time the party remains with the rebels (or mutineers). It is incumbent on them, who make force their defence, to shew an actual force, and...
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A New Abridgment of the Law with Large Additions and Corrections, Volume 9

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 708 pages
...the fear of having houses burnt or goods spoiled is no excuse in the eye of the law for joining and marching with rebels. The only force that doth excuse...continue all the time the party remains with the rebels. Fost. CL 14, 21G.J It was found by a special verdict, that a great number of persons armed were assembled...
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