[Letters To """"The Times"""" Upon War And Neutrality (1881-1920) by Thomas Erskine Holland]@TWC D-Link book
Letters To """"The Times"""" Upon War And Neutrality (1881-1920)

CHAPTER VI
70/89

The _Manuel des Lois de la guerre sur terre_ of the Institute of International Law lays down:-- "ARTICLE 68 .-- Si le fugitif ressaisi[B] ou capture de nouveau avait donne sa parole de ne pas s'evader, il peut etre prive des droits de prisonnier de guerre." "ARTICLE 78 .-- Tout prisonnier libere sur parole et repris portant les armes contre le gouvernement auquel il l'avait donnee, peut etre prive des droits de prisonnier de guerre, a moins que, posterieurement a sa liberation, il n'ait ete compris dans un cartel d'echange sans conditions." I am, Sir, your obedient servant, T.E.HOLLAND.
Oxford, June 17 (1901).
THE PETITION OF RIGHT Sir,--This is, I think, not a convenient time, nor perhaps are your columns the place, for an exhaustive discussion of the interpretation and application of the Petition of Right.

It may, however, be just worth while to make the following remarks, for the comfort of any who may have been disquieted by the letter addressed to you by my friend Mr.Jenks:-- 1.

Although, as is common knowledge, the words "in time of peace," so familiar in the Mutiny Acts from the reign of Queen Anne onwards, do not occur in the Petition, they do occur, over and over again, in the arguments used in the House of Commons by "the framers of the Petition of Right," to employ the phraseology of the judgment recently delivered in the Privy Council by the Lord Chancellor.
2.

The prohibition contained in the Petition, so far from being "absolute and unqualified," is perfectly specific.

It refers expressly to "Commissions of like nature" with certain Commissions lately issued:-- "By which certain persons have been assigned and appointed Commissioners, with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanour whatsoever, and by such summary course and order as is agreeable to martial law, and is used in armies in time of war, &c." The text of these Commissions, the revocation of which is demanded by the Petition, is still extant.
3.


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