The Case of Mr Charles Ratcliffe
| 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. 21
THE COURT OF KING'S BENCH
S. C 18 St Tr 429, 1 Wm. Bl. 3; 1 Wils. 150 Considered, R v D'Eon, 1764, 1 Wm. Bl. 510; R v. Gaarside, 1834, 2 Ad. & El 266. Referrred to, R. v Roger, 1765, 3 Burr. 1809, Buberly v Gunning, 1791, Peake, 132, R v Antrobus, 1835, 2 Ad. & El 788; Gray v R, 1844, 11Cl & Fin 427, R v Dowling, 1848. 3 Cox C. C. 509
[40] ihe case of mr charles batcliffe. Michaelmas, 20 Geo II, in the King's Bench. (A person attainted of treason escapes, and is retaken ) [S. C 18 St Tr 429 , 1 Wra. Bl. 3 ; 1 Wils. 150 Considered, R v D'Eon, 1764, 1 Wm. Bl. 510 ; R v. Garside, 1834, 2 Ad. & Bl 266. Referred to, R. v Rogers, 1765, 3 Burr. 1809, Duberly v Gunning, 1791, Peake, 132, R v Antrobus, 1835, 2 Ad. & El 788 ; Gray v R , 1844, 11 Cl & Fin. 427 , R v Dowling, 1848, 3 Cox C. C. 509 ] He was concerned with his brother, the late earl of Derwentwater, in the rebellion of 1715; and in May 1716 was convicted and attainted of high treason before special commissioners of oyer and termmer pursuant to the Act of the first of the late king While he was under sentence of death, and probably before the Act of general pardon of the third of the late king passed (see the 45th sect of the Act), he made Ins escape out of Newgate, and got over to France At the latter end of the year 1745 he was, with some other officers, French, Scotch and Irish, taken on the coast on board a French ship of war , which was loaden with arms, ammunition and other warlike stores, bound, as was supposed, for Scotland ; where the rebels were at that time in arms. On Friday the 21st November 1746, he was brought to the bar by virtue of a habea.i corpus directed to the constable of the Tower or his deputy ; and the record of his conviction and attainder was at the same time removed thither by cettiotari. The habeas corpus with the return, and also the certioran and record of the conviction and attainder being read, the substance of the record was opened to him in English, by the secondary on the crown side , who then asked him what he had to say why execution should not be done upon him according to the judgment. He prayed, that counsel might be assigned him, and named Mr Ford and Mr Jodrell ; who were accordingly assigned his counsel. They prayed a few days time, that they might have an opportunity of knowing from the prisoner himself the truth and merits of his case , which was granted They also prayed a copy of the record ; which was denied them. But the officer, by the direction of the Court, read over the indictment a second time very distinctly, and the [41] prisoner's counsel took notes of it; and the prisoner was ordered up on Monday next. hib counsel moved for a rule of Court, that they might have access to their client at all seasonable times But his solicitor admitting that he had obtained a warrant from...
To continue reading
Request your trial
-
Scottish Courage Ltd / Carlsberg-Tetley
...Mr Nick Bryan) (5 per cent). Innserve Limited (Innserve) is a newly formed services company, wholly owned by Mr Bryan (60 per cent) and Mr Foster (40 per cent). TRANSACTION For consideration of around £140 million, SDEL will: • purchase the existing assets of SCL and CTB relating to equipme......
-
Serviced Dispense Equipment Ltd / Coors Brewers Ltd (OFT)
...cider and wine. 2. Innserve Ltd (Innserve) is a newly formed technical services company, wholly owned by Mr Bryan (60 per cent) and Mr Foster (40 per cent). Innserve is currently sub-contracted to provide technical services on SDEL’s behalf to Scottish Courage Limited and Carlsberg UK Coors......
-
Blenheim Carpets Company Ltd v Foster
...as friends and that he wanted to keep Mr Foster happy. Mr Allybokus told me that he did not think the Company could afford to pay Mr Foster 40% of its profits, evidence which I found hard to understand given that Mr Foster and his wife were already receiving more than 40% of the total sums ......