A Selection of Cases, Vol. 1: From the State Trials; Trials for Treason; (1327 1660) (Classic Reprint)

Excerpt from A Selection of Cases, Vol. 1: From the State Trials; Trials for Treason; (1327 1660)

The following pages are an attempt to supply a want which I have often felt in the course of teaching. Again and again the question is asked, Where is the authority for such a proposition to be found? It is easy enough to say the Statute Book, or the State Trials, but to refer a student to either of those works has the effect of deterring him from ever again seeking for original information. My object in this book has therefore been twofold, to place within a small compass the authorities upon which certain points of constitutional law depend, and thus to enable the student to refer to the authorities himself, and form his own opinion upon them. In the generality of cases students do not do this, but form their opinions from the author, whoever he may be, whose work they are for the time studying.

I can make no higher claim for this book than that of a compilation, and no one is more sensible than I am how much, even as a compilation, it might be improved by original research into records and cases that are not reported in the ordinary books. But my object has been not so much to seek out new materials as to utilize old materials that are accessible to everyone.

I am also sensible of many errors both of commission and omission. N 0 amount of care in a book of this nature could prevent some errors creeping in, and although I have done my best to ensure accuracy I can only flatter myself that I have avoided any very serious inaccuracy.

The law of treason was selected as the first subject to be dealt with from its interest and importance; and I have thought it well to confine the present volume to trials for treason before the ordinary courts, leaving the cases of impeachment for treason to be dealt with under the general head of proceedings in Parliament.

I have gone at some length into that kind of treason that relates to religion; as in the ordinary constitutional histories so little is said on the subject, it is only fair to those who perished on the scaffold or in rebellion against the government, that the nature of the government against which they rebelled should be seen in its true colours; and as no fair idea of the incidence of the law of treason can be obtained that does not take into account not only the law as to political, but also as to religious offences.

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