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Freeman's Case

Maclean & Robinson's Appeal Cases English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1792
Date01 January 1792
CourtCourt of the King's Bench

English Reports Citation: 79 E.R. 1096

IN THE KING'S BENCH.

Freeman's Case

[579] easter term. 16 Car. 1. In the King's Bench. Sir John Brampston, Knt., Chief Justice. Sir William Jones, Knt., Sir George Croke Knt., Sir Robert Berkley, Knt., Justices. Sir John Banks, Knt., Attorne, General. Sir Edward Herbert, Knt., Solicitor General. case 1. freeman's case. A person committed by the Privy-Council is entitled to be bailed if the warrant do not express a sufficient crime with convenient certainty. Post. 593. Ante, 133. 507. 552. 558. 1 Bl. Rep. 576. Ld. Raym. 1108. 1 Bac. Ab. 381. 2 Hawk. P. C. 169. 185, 186. Freeman was brought to the Bar by habeas corpus out of the Fleet; and the return was, that he was committed on the 14th February 1639 by the Lords of the Privy- CRO. CAR. BSD. EASTER TERM, 16 CAR. 1. IN B. R. 1097 Council, "for divers causes and misdemeanours, until they gave order to the contrary," as appeared by their warrant there produced. It was also returned, that he was to be detained by another warrant from the said Lords, 26th April 1640, wherein is mentioned, that he, being warned by a messenger in December to appear before the said Lords, refused to come before them, and in contempt made a rescous, and caused thereby a great tumult in the town; which being proved before the said Lords, by the oath of two persona therein named, they thereupon, the 14th February 1639, committed him: and now by this warrant appointed the warden of the Fleet to retain him, until they gave further order, &c. Bagshaw, for the prisoner, hereupon moved, that he might be discharged, or at least baited. As to the first return, the Court held, if there had not been a second commitment returned, he ought to have been bailed; but for the second, they gave time until Saturday for the King's Counsel to maintain the return, and to shew cause why he should not be bailed : and the King's...

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