The constitution violated : $b An essay — John Shaqi
The constitution violated : $b An essayButler, Josephine Elizabeth Grey
History
The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
As to the phrase “aut aliquo modo destruatur” (nor be in any way
destroyed), Blackstone, as well as other writers, gives a very wide
signification to this word “destroy;” and, in general terms, it may be
said that they agree in understanding that these words of the charter
sternly forbid any proceeding on the body of an accused person unless
after trial by jury. If it were possible for me here to describe in
detail that proceeding which the Acts in question sanction upon the body
of a person suspected or accused, and who has been condemned without any
jury trial, no further words of mine would be needed to convince my
readers that this proceeding comes within the scope of that word
“destroy.” Since, however, the subject is one of which we are not
permitted to speak, as society in its present state seems to judge an
indecent action to be less reprehensible than the plain words which
would be needful to bring that indecent action to light and to judgment,
I refrain from doing more here than asserting, and I do assert in the
strongest manner, that the compulsory proceedings upon the unwilling
bodies of the subjects of these Acts are in the strictest sense of the
term a “destruction,” as indicated in the words of Magna Charta, and
elucidated by subsequent comments and events. The hardest part of this
whole controversy is, that the deepest wrong among all these wrongs is
unmentionable.
Amongst many curious instances in the history of England of the jealous
spirit in which the slightest bodily injury which had been inflicted
without a jury trial was resented by the people of England, I will
merely quote one, the case of Sir John Coventry:—
Public-domain text, read in full here on John Shaqi.
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