An Argument for Construing Largely the Right of An Appellee of Murder to Insist
An Argument for Construing Largely the Right of An Appellee of Murder to Insist
Edward Augustus Kendall
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Other things were likewise employed for the same purpose, such as a ribband, a bloody cloth, or a c<\\). It was delivered by a herald or a trumpeter, in the presence of respectable wit- nesses ; at the same time the ground of accusa- JB2 * lion was notified, as also the place for the Com- bat, and the weapons/' This refers to private or unlawful Duels ; but in public or laxvjul Duels, the pledge was presented kneeling.
57. A third fundamental error, also connected with the foregoing, and bringing us immediately to practical truths, consists in supposing, that in the age when Appeals were in use, the hardship of Battle was thought to rest upon the Appellor, instead of the Appellee. Whoever will read the ancient books, will find himself at no loss to dis- cover, that the anxieties of ancient lawyers were chiefly and necessarily directed (as they ought to be directed at present, ) to the protection of innocent persons against Appeals to Battle, — for such, let it be continually repeated, are all Ap- peals of Felony.
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