[The Monikins by J. Fenimore Cooper]@TWC D-Link book
The Monikins

CHAPTER XXI
12/16

This is also a rule, my lords, of common law--but being common sense and common monikinity, it has been thought prudent to enforce it by an especial enactment.

I presume Mr.Attorney-General for the queen will scarcely dispute the law of the case--" "Not at all, my lords--though I have some doubts as to the fact.

The fact remains to be established," answered the other, taking snuff.
"The fact is certain, and will not admit of cavil.

In the case of Rex versus Noah Poke, the court ordered the punishment of decaudization to take precedence of that of decapitation, in the case of Regina versus the same.

Process had been issued from the bench to that effect; the culprit has, in consequence, lost his cauda, and with it his reason; a creature without reason has always been held to be non compos mentis, and by the law of the land is not liable to the punishments of life or limb." "Your law is plausible, my brother Downright," observed my lord chief-justice, "but it remains for the bench to be put in possession of the facts.


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