Note 371 — WILLIAM BOYD, EARL OF KILMARNOCK.

Note. The plea was couched in these words: "July 29th, 1746. It is conceived that the late Act of Parliament, empowering his Majesty to transport such as are taken in arms from one county to another, where they may be tried by the course of the common law, did not take place till after that time, that the facts implying treason, were actually committed by the accused prisoners, and if so, the Grand Jury of Surrey, or of any other county whatsoever, where these acts of treason are not alleged to have been committed, could not, agreeable to law, find bills against such prisoners; and it may, on that score, be prayed, That the indictment be quashed, or that an arrest of judgment be thereupon granted." What a bitter, though unavailing feeling of regret accompanies the reflection that this benevolent attempt to save the lives of these brave men, was fruitless.