Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Commonwealth - From: 1200 To: 1799

This page lists 2 cases, and was prepared on 20 May 2019.

 
Fabrigas v Mostyn [1773] 2 Wm Bl 929; (1773) 20 St Tr 82
1773

Lord de Grey
Commonwealth, Torts - Other
Minorca was a ceded colony of the British Crown. The Governor, General Mostyn, apparently fearing that Fabrigas would stir up danger for the garrison, committed him to the worst prison on the island, with no bed and only bread and water, and with no contact with his family. He then confined him "on board a ship, under the idea of a banishment to Carthagena." Fabrigas sued General Mostyn for damages in the King's Bench. Held. The damages award of £3,000 was upheld.
Lord De Grey said: "I do believe Mr Mostyn was led into this, under the old practice of the island of Minorca, by which it was usual to banish: I suppose the old Minorquins thought fit to advise him to this measure. But the governor knew that he could no more imprison him for a twelvemonth, than he could inflict the torture; yet the torture, as well as the banishment, was the old law of Minorca, which fell of course when it came into our possession. Every English governor knew he could not inflict the torture; the constitution of this country put an end to that idea. This man is then dragged on board a ship, with such circumstances of inhumanity and hardship, as I cannot believe of general Mostyn; and he is carried into a foreign country, and of all countries the worst; for I believe there are directions given, that no persons should go to Spain, or be permitted to quit the port of Carthagena."
1 Cites

1 Citers


 
Fabrigas v Mostyn (1773) 20 St Tr 82; [1775] 1 Copp 161; [1775] 98 ER 1021
1775

Lord Mansfield CJ
Constitutional, Commonwealth, Personal Injury, Legal Professions
The plaintiff a native Minorquan sought to bring an action in England for an alleged assault and false imprisonment on him in Minorca by the Governor of Minorca. Held: Such an action could be brought. What foreign law is is a matter of fact to be determined by the provision of evidence, with the court assisting the jury to explain it. An action may not be brought against a judge on a court of record for something done by him in court. He may plead that it was done as such a judge, and that will be a complete defence.
1 Cites


 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.