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R v Davison

Nominate Series English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1795
Date01 January 1795
CourtCourt of the King's Bench

English Reports Citation: 91 E.R. 97

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.

Rex
and
Davison

Trin. 12 Will. 3, B. R. 1 Ld. Raym. 603, S. C.

1 SALKBLD. 1 H. BAIL IN CRIMINAL CASES 97 [105] 8. rex versus davison. [Trin. 12 Will. 3, B. R. 1 Ld. Raym. 603, S. C.] H. taken on excommunicate capiendo, bailable while the return of the habeas corpus is under the consideration of the Court. 1 Bulst. 122. Far. 16, 59. Post, 294, 134, 672. 1 Cro. 507, 552, 558. Latch, 174. Cro. Jac. 29, 67. 1 Roll. Rep. 132, 384. 1 Sid. 286. 2 Roll. Abr. 113. Holt 88, S. C. Upon a habeas corpus to bring up the body of one Davison a Quaker, the cause returned was a writ of excommunicalo capiendo, which recited a significavit of an excommunication for teaching school without a licence; and the Court doubting whether thia was an offence, desired to hear counsel, upon it; and then Mr. Northey moved he might be bailed in the mean time; and cited several authorities that a man might be bailed, while the legality of the return is under the consideration of the Court. Vaugh. 157. Lat. 174. 1 Cro. 552, 557. And also Price's case, Mich. 29 Car. 2, B. R. who was taken upon an excommunicalo capiendo, and brought up by habeas corpus and bailed, while the return was under consideration; and in that case the Court being against Price upon the return, his counsel insisted that he could not be committed again, and thought they had got an advantage that way, but notwithstanding that he was recommitted. He cited also Clerk's case, who was committed by the Vintners Company, and bailed by Holt C.J. at his chamber. Upon these authorities the defendant was bailed, and the entry was, traditur in ballium & interim Curia advisare vult; and the condition...

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