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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Art. III.?A Reading on the Use of Torture in the Criminal Laur of England, previously to the Commonwealth. Delivered at New Inn Hall in Michaelmas Term, 1836. By David Jar- Pine, Esq. Barrister at Law. 8vo. London: 1837. In the reign of Henry VI., Chief Justice Fortescue, in his well- known Treatise De Laudibus Legum Anglican, ' con- ' demns, ' as Vlr Jardine says, 'the use of torture in the strongest ' language, as inhuman and unjust.' In 1565, Sir Thomas Smith (in his Commonwealth of England) not only asserts the unlaw- fulness of torture, but denies altogether its employment in this country. Lord Coke declares it to be ' against Magna Charta, ' cap. 29, ' and gives the full sanction of his great authority to the assertion, that ' there is no one opinion in our books or judi- 1 cial records (that we have seen and remember) for the mainte- 1 nance of tortures or torment.' And, finally, the Judges are said to have answered the official question propounded by Charles I. in the case of Felton, in 1639, to the effect that' he ought not by law ' to be tortured by the rack, for no such punishment is known 1 or allowed by our law.' And yet, nowithstanding these reiterated declarations of the law of England by its gravest expositors, it is perfectly well known to the student of history that torture was lavishly employed, under the reigns of the Tiidors, in the investigation of state offences. This is matter of notoriety; as is likewise the general node of accounting for the inconsistency, namely, that (he Question was illegally inflicted by a frequent but arbitrary stretch of the royal prerogative. But the essay of Mr Jardine has placed this subject in a light entirely new to us; nor can we find tbat his view of it had been previously taken by any of our chief authorities on consti..
| ISBN-13 | 9781458878144 |
|---|---|
| ISBN-10 | 1458878147 |
| Weight | 1.61 Pounds |
| Dimensions | 9.00 x 6.00 x 1.11 In |
| List Price | $33.77 |
| Format | Paperback |
|---|---|
| Pages | 500 pages |
| Publisher | |
| Published On | 2009-08-01 |
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