The Case of Aeneas Macdonald, alias Angus Macdonald
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1809 |
| Date | 01 January 1809 |
| Court | Court of the King's Bench |
English Reports Citation: 168 E.R. 30
THE COURT OF KING'S BENCH
S C. 18 St. Tr. 8570 Referred to, R v Whiley, 1840, 1 Car & Kir 150, Knowlden v R., 1864, 5 B & S. 532, Re Stepney Electron Petition, Isaacson v. Durant, 1886, 17 Q. B D. 54.
[59] the case op mneas macdonald, alias angus macdonald. (Natural allegiance.) (S C. 1ft St. Tr. 857. Referred to, R. v WhOey, 1840, 1 Car & Kir 150, Knowlden v. R., 1864, 5 B & S. 532 , Re Stepney Election Petition, Isaacson v. Durant, 1886, 17 Q. B D. 54.] In the year 1747 a bill of indictment was found against him, under the special commission in Surry, for the share he had in the late rebellion The indictment ran in the same form as those against the other prisoners, without any averment that he was ib custody before the first of January 1746 But the counsel for the crown were aware of the exception taken in the case of Mr. Townly and others (p 12), and that since the whole proceeding against the prisoner was subsequent to January 1746, the answer then given would not serve the present case That bill was therefore withdrawn before the prisoner pleaded to it, and a new bill, concluding with an averment that he was apprehended and in custody before the first of January 1746, was preferred and found against him. On that bill he was arraigned in July 1747, and his trial carne on the 10th of December following. The overt acta charged in the indictment were sufficiently proved ò and also that the prisoner was apprehended and in custody before the first of January 1746. The counsel for the prisoner insisted, that he was born 111 the dominions of the French King, and ob this point they put his defence. But apprehending that the weight of the evidence might be against them, as indeed it was, with regard to the place of the prisoner's hirth, they endeavoured to captivate the jury and by-standers, by representing the great hardship of a prosecution of this kind against a person, who, admitting him to be a native of Great Britain, had received his education from his early infancy in France , had spent his riper years in a profitable employment in that kingdom, where all his hopes centered : and speaking of the doctrine of natural allegiance, they represented it as a slavish principle, not likely to prevail in these times , especially as it seemed to derogate from the principles of the revolution [60] Here the Court interposed, and declared, that the mentioning the case of...
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