A Dissertation On the History of Hereditary Dignities Particularly As to Their
A Dissertation On the History of Hereditary Dignities Particularly As to Their
W F William Francis Finlason
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They betook themselves to arms before that nobleman was prepared to join them, and published a manifesto, in which they reproached Henry with his usurpation of the crown and the murder of the late king, and they required that the right line should be restored. . . . The earl of Westmoreland seized the two rebels and carried them to the king, who was advancing to suppress the insurrection. The trial and punishment of an arch- bishop might have proved r. Troublesome and dangerous under- taking, h...ad Henry proceeded regularly, and allowed time for an opposition to form itself against that unusual measure. The celerity of the execution alone could render it safe or prudent. Finding that sir William Gascoigne, the chief justice, made some scruple of acting on the occasion, he appointed Fulthorpe judge, who, without any indictment, trial, or defence, pronounced sentence upon them, which was presently executed. " (Hume's Hist. Eng. , vol. Ii. , c. 18. ) 74 FORFEITURE OF A DIGNITY. wholly illegal, be far too irregular (a) to have the effect of a legal judgment for treason, as it would have altogether a different character, and might, in a sense, be lawful without being legal, so as to have any legal results.
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