Mr. Townly's Case
| Jurisdiction | England & Wales |
| Judgment Date | 15 July 1746 |
| Date | 15 July 1746 |
| Court | Court of the King's Bench |
English Reports Citation: 168 E.R. 4
THE COURT OF KING'S BENCH
S. C 18 St Tr. 329. Referred to, R v. Duffy, 1849, 7 St T. N. S 795.
mb. townly's case July 15, 1746 [S. C 18 St Tr. 329. Referred to, R v. Duffy, 1849, 7 St T. N. S 795.] hb counsel movedv that, before any juryman should be brought to the book, the whole panel might be called over once in the prisoner's hearing, that he might lake notice who did and who did not appear : which they said would be a considerable lelp to him in taking his challenges. This was done by order of the Court, and the attorney-general did not oppose it * Every juryman, as he came to the book, was asked whether he was a freeholder r not. Those who answered that they had no freehold in the county were examined upon a wire dire to that matter and en their answering that they had no freehold, were set aside. Those who answered that they had both freehold and copyhold were sked whether both pot together did amount to 10 a year , and if they did, that was admitted to be a good qualification, though the freehold alone was under 10. * N.B.-This was done in Layer's case, after a much longer debate than the matter deserved. fob. a. mb. deacon's case 5 The Court ^winded this rule on the biU of rights and the 4 & 5 W. M. compared. (1 W. & M. st. 2, c. 2, 4, & 5 W. & M. c 24, s. 15.) The prisoner's comnsel ofiered to call a mtness to shew that he was at the time of the rebelhon in the serviee aad pay of the French King, and so intitled, as they insisted, to the= benefit of the cartel for exchange oi prisoners : but the Court declared, that such proof is not to be admitted. It is no defence in a court of law, nor is it so much as an excuse, that he had entered mto the service of an open enemy. See the case of &neas Maedenoltl (p. 59). They then insisted on what they (very improperly) called the capitulation at the surrender oi Carlisle. In this likewise the Couit over-ruled them. It is no sort of defence in a [8J court of law. But, to prevent misconstructions, Ck)lonel Carey was examined, touching the terms upon which the surrender was made . and he swore, that the Duke expressly reserved the rebels in Carlisle to be dealt with as his Majesty should please. The Court then observed, that the prisoners had received the whole benefit of the terms offered by the Duke, in that they were not immediately put to the sword, (see Lord Windon's trial, 6 St. Tri. 39), but were reserved for his Majesty's pleasure; which, now...
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