Legal Definitions - commission of rebellion

The term commission of rebellion refers to a historical legal process used in England, primarily by the Court of Chancery, before its abolition in 1841.

Essentially, it was a special court order that empowered private citizens (laypersons), rather than official law enforcement like a sheriff, to arrest someone who had defied a court order. If an individual failed to appear in court after being summoned (a subpoena) or refused to obey a court judgment or decree, the court could issue a commission of rebellion. This document authorized specific individuals to apprehend the non-compliant party and bring them before the court. The person being arrested was considered a "rebel" for their contempt of the King's (or Queen's) laws and the court's authority.

Here are some examples illustrating how a commission of rebellion might have been used:

• Example 1: Failure to Appear for Testimony

  Imagine a wealthy landowner in 17th-century England who was ordered by the Court of Chancery to appear and provide crucial testimony in a complex inheritance dispute. Despite receiving a formal summons (a writ of subpoena), the landowner, believing himself above the law, repeatedly ignored the court's demands. Frustrated by this defiance, the Court of Chancery could issue a commission of rebellion. This commission would be directed to several local gentlemen, empowering them to locate and arrest the landowner, bringing him directly to the court to compel his testimony.

• Example 2: Disobeying a Financial Decree

  Consider a merchant in the early 1800s who was legally ordered by a Chancery decree to pay a significant debt to another party, or to transfer ownership of certain goods as part of a legal settlement. The merchant, however, stubbornly refused to comply with the court's judgment, attempting to evade his obligations. To enforce its authority and ensure justice, the court could issue a commission of rebellion. This would authorize appointed individuals, perhaps even those representing the aggrieved party, to apprehend the merchant and present him before the court to explain his non-compliance and to force him to fulfill the decree.

• Example 3: Non-Compliance in a Guardianship Case

  In a historical scenario, a guardian appointed by the Court of Chancery to manage the estate of an orphaned child might repeatedly fail to provide the required financial accounts to the court, despite numerous orders. This defiance would put the child's inheritance at risk. To protect the orphan's interests and uphold its own authority, the Court of Chancery could issue a commission of rebellion. This would empower trusted members of the community to find and arrest the recalcitrant guardian, bringing him before the court to account for his actions and to ensure compliance with the court's decrees regarding the child's estate.