Notes and Queries, Number 230, March 25, 1854: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.Various
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Notes and Queries, Number 230, March 25, 1854: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.
Various
Questions and answers -- Periodicals
"I have read and seriously pondered the petition of Roger Fowke,
transmitted to me by your {264} Majesty's special mandate; as also the
letters written by your Majesty to the Grand Master of the Order of
Malta in favour of the above-mentioned, and those from the said Grand
Master in reply; and it is evident to me, after mature examination,
that your Majesty has done so much, and that it is proved that the
sentence of the Maltese Tribunal against the said Roger Fowke was
pronounced contrary to right and justice (as is clearly shown in the
letters written by your Majesty to the Grand Master); that therefore it
appears to be incumbent on me only to set forth to your Majesty, and to
the Lords of the Privy Council, whether it be my opinion that
sufficient satisfaction has been given by the Grand Master's letters to
your Majesty, who by the above-cited letters demand restitution; and if
not, whether in consequence it be lawful to your Majesty to grant the
so-called letters of reprisal, on which subject I beg humbly to submit
to your Majesty, and to the singular prudence and judgment of the
above-mentioned Lords, this my opinion; that is to say, that the
answers of the Grand Master are so far from being in any way
satisfactory, that from them it may be easily perceived that the
above-mentioned Grand Master, although he does not deny in express
terms reparation for his loss to the above Roger, nevertheless does not
decree anything certain on this head; from which your Majesty may
reasonably conclude that the said reparation was refused. Nor does it
tend to his defence that he asserts that all that was done by his
tribunal was done by solemn sentence, that the judges were men of great
reputation, and that it is to be believed that the reasons produced by
both sides were justly considered; for judicial authority is not of the
same value as regards foreigners and subjects. It is not lawful for
subjects to demand a re-examination of the sentence pronounced by their
superiors, although to foreign princes it entirely appertains to make
such demand, in cases interesting themselves or their subjects;
otherwise, if all given sentences were considered as freeing nations
from reprisals, such decrees might perhaps be obtained in any case,
even though manifestly unjust; and consequently it is by all agreed to
be a just cause for reprisals, not only when justice is not rendered,
but also when in any case, not of a doubtful nature, judgment may have
been given against right; although certainly, in cases of a doubtful
nature, the presumption would be in favour of those who may have been
elected as public judges. Had the Grand Master indicated to your
Majesty that the said Roger Fowke might have preferred an appeal
against the sentence pronounced against him to a superior tribunal, and
Public-domain text, read in full here on John Shaqi.
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