Blackwood's Edinburgh Magazine, Vol. 68, No 420, October 1850Various
History
Blackwood's Edinburgh Magazine, Vol. 68, No 420, October 1850
Various
England -- Periodicals; Scotland -- Periodicals
The head of treason applicable to the facts of the case under
consideration is the third in statute 25 Edward III. c. 2, which
concisely declares it to exist "_if a man do levy war against our lord
the King in his realm_." This has been the law of the land for just
five centuries, _i. e._ since the year 1351. But in the application
of these words, of fearful significance, the object with which arms
are taken up must be a GENERAL one--"the _universality of the design_
making it a rebellion against the state, a usurpation of the power of
Government, and an insolent invasion of the King's authority"--"under
pretence to reform religion and the laws, or to remove evil
counsellors, or other grievances, whether real or pretended."[6]
Or, to adopt the definition of Mr Kelly, in addressing the jury in
this very case, it is necessary to prove "that the prisoner levied
war against her Majesty, with intent by force to alter the law, and
subvert the constitution of the realm."[7] To appreciate the position
of the prisoner, and the difficulties with which his counsel had to
struggle, it may here be mentioned, that he admitted the prisoner to
be a Chartist, as it was called--that is, a supporter of the following
five points of sweeping change in the political institutions of the
country,--"Universal suffrage, vote by ballot, annual parliaments, no
property qualification, and payment of members of parliament." This was
also, during the trial, avowed by the prisoner.[8]
Having thus got a clear view of the law, let us briefly indicate the
_facts_--the palpable, notorious, leading facts, known to be such by
the prisoner's counsel, as soon as they had perused their briefs.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account