Life and Times of Her Majesty Caroline Matilda, Vol. 2 (of 3): Queen of Denmark and Norway, and Sister of H. M. George III. of EnglandWraxall, Lascelles, Sir
History
Life and Times of Her Majesty Caroline Matilda, Vol. 2 (of 3): Queen of Denmark and Norway, and Sister of H. M. George III. of England
Wraxall, Lascelles, Sir
Caroline Mathilde, Queen, consort of Christian VII, King of Denmark, 1751-1775; Denmark -- History -- Christian VII, 1766-1808
Advocate Bang allows that Count Struensee's declaration in itself is of
no weight against the queen, and hence he tries to confirm it, partly
by the acknowledgment which her Majesty made on March 9, as to the
correctness of Struensee's declaration, partly through her answer that
she had broken her marriage vows and, hence, lost her marriage rights,
which he wishes to be regarded as perfect proof after the law 1--15--1.
Certainly, in all civil causes, a confession is the most perfect form
of proof: but in criminal matters, and such as we are now trying, the
Danish code completely rejects this evidence, when it says: "It is not
sufficient that the accused person should himself confess it, but the
accuser must legally bring the accused before the court and properly
prove the offence."
Other proofs, consequently, are requisite; and as it is his Majesty's
wish that the law alone shall be followed in this cause, and the
judgment be founded on the evidence, it is self-evident that the
queen must have a claim to this benefit as much as the meanest of her
subjects.
The letter of the law is clear, and does not admit of the slightest
doubt. Hence it will be quite unnecessary to examine the motives
which induced the Danish legislator to make this regulation. I will
not speculate whether the respect and authority which the law grants
to one sex over the other--fear of its abuse on the one hand and of
excessive compliance on the other--an anxiety to prevent the dangerous
consequences of precipitation and inattention, &c., may have had their
share in it. As, however, the king's advocate remarks that her Majesty
cannot appeal to this law, because it is based on two legal reasons,
neither of which affects the queen, I must clear up the incorrectness
of this conclusion. Though the law states that it is not enough for
the accused party to make a confession, and adds: "Because it is often
found that many persons make false statements, so that the one may get
rid of the other, or injure the person with whom he or she declares to
have committed a crime," I will humbly urge that these are not the sole
motives why the law rejects a confession in this case, as is clearly
shown; for it adds directly after the words quoted, "or for the sake
of other things." Although, therefore, the law only mentions expressly
some of the motives for its regulation, it is clear that it had various
others in addition to these; and hence the benefit granted to the
accused belongs to her Majesty equally in regard of the motives alleged
in the law and of those unalleged, and she consequently claims it.[79]
I will now pass over to the third class of proofs, consisting of the
statements of persons summoned by the prosecutor as witnesses.
Public-domain text, read in full here on John Shaqi.
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