Vacation After Trinity Term
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1746 |
| Date | 01 January 1746 |
| Court | Court of the King's Bench |
English Reports Citation: 168 E.R. 1
THE COURT OF KING'S BENCH
Preperatory steps to the trial of rebels, 19 Geo II. c. 9
A REPORT of SOME PROCEEDINGS on the COMMISSION for the Trial of the Rebels in the Year 1746, in the County of Surry; and of other CROWN CASES; to which are added DISCOURSES UPON A FEW BRANCHES of the CROWN LAW. By Sir MICHAEL FOSTER, Knt, sometime one of the Judges of the Court of King's Bench, and Recorder of the City of Bristol. The Third Edition, with an Appendix containing New Cases. With Additional Notes and References by his Nephew, MICHAEL DODSON, Esq., Barrister at Law. London, 1809. [Note - Sir Mishael Foster's work is in three parts, namely, Part I. (pp. 1-180), the " Report " ; Part II. (pp. 181^12), the " Discourses " ; Part III (pp. 413^41), the Appemdix. The Appendix was added by the Editor of the Third Edition, and consists ofrthree cases which Sir Michael Foster had caused to be transcribed for insertion in the Fust Edition, but which were in fact omitted from that Edition. The " Discourses " do not fall within the scope of " Reports " and are not reprinted ib this volume ] [1] vacation after trinity term, 1746. (Preparatory steps to the trial of rebels, 19 Geo II. c. 9 ) During the rebellion, which began in Scotland in the Summer 1745, an Act passed impowering his Majesty to issue commissions for trying the rebels m any county of the kingdom, in the same manner as if the treasons had been committed in that county. Pursuant ta this Act, a commission of oyer and termmer, and gaol-delivery, for the comnty of Surry,* passed the great seal about the latter end of Timtty term. It waa directed io every privy-counsellor by name, to all the judges, and to some private gentlemen, impowering them, or any three of them (quorum nn' &c.), to execute the commission. The precpfe was signed by the three chiefs and the three senior judges, and was returnable the 234 day of Jun 1744 ; which made fifteen days exclusive between the teite and * Anoth commission of the like kind issued at the same time for Middlesex ; but th^re were= no proceedings e a it. cr. ca. i.- 1 2 TRIAL OF THE REBELS FOST. 2. This was ordered on great deliberation and search of precedents. On, that day moat oi the jmdges met at Serjeants-Inn ; and from thence proceeded ia order of seniority to the eourt-house at Saint Margaret's Hill in the borough of South wart. Lord Chief-Justice Lee gave the charge ; and the grand jury found bills against the Earls of Kilmaiaeck and Cromartie, and the Lord Balmerino : which bills were soon afterwards removed by eertiorari into Parliament. On the two following days bills of indictment were found against thirty-six of the principal rebels taken at Carlisle ; and against one David Morgan, a barrister at law^ who wai taken in Staffordshire. The prisoners were then brought to "the- bar and informed that bills were found against them, of which they should soon have copies ; and the Court adjourned to that day |2] se'nnight r and copies of the indictments with the caption were delivered the same day to the prisoneis after ther Court rose. By...
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