Selected quad for the lemma: law_n
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A63465
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A short account, or state of Mr. Sheridan's case before the late House of Commons in a letter to J.T.
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L. T.; J. T.; Sheridan, Thomas, 1646-ca. 1688.
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1681
(1681)
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Wing T25A; ESTC R203698
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22,220
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33
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Franchise or Free-hold unless he be duly brought in to answer and fore-judged of the same by the Course of the Law. And 28 Edw. 3. c. 3. it is Ordain'd That no Man of what Estate or Condition soever he be shall be put out of his Lands and Tenements nor taken nor imprisoned nor dis-inherited without being brought in to Answer by due Process of Law. 42. Edw. 3.6.3 't is Decreed That no Man be put to Answer without Presentment before Justices or Matter of Record or by due Process and Writ Original according to the Old Law of the Land And if any thing be done to the contrary it shall be void in Law and holden for error Likewise in the Petition of Right 3 Car. 1. c. 1. 't is Complain'd of by the Commons as a great Grievance of the Subject That against the Tenor of the said Statutes and other the good Laws and Statutes of this Realm to that end Provided divers of His Majesties Subjects have been Imprisoned Without any Cause shewed and when for their Deliverance they were brought before Justices by His Majesties * Which by the by were not then Denied though the Laws were not half so full and express as the late Statute Writs of Habeas Corpus there to undergo and receive as the Court should Order and their Keepers Commanded to Certify the Cause of their Detainer no Cause was Certified but that they were Detained by His Majesties Special Command And 37 Edw. 3. c. 18. 't is Enacted That though it be Ordained in the Great Charter that no Man â—e Taken nor Imprisoned nor put out of his Free hold without Process of the Law nevertheless divers People make false Suggestions to the King himself as well for Malice as otherwise where the King is often Grieved and divers of the Realm put in Damage against the Term of the same Charter Wherefore it is Ordained That all they who make such Suggestions shall be sent with the same Suggestions before the Chancellor Treasurer and his Grand Council and that they find there Surety to pursue their Suggestions and incur the same Pain that the others should have had if Attainted in case that his Suggestion be found Evil. Or as it is alter'd in the following Parliament 38 Ed. 3. c. 9. It is Assented that if he that maketh the Complaint cannot prove his intent against the Defendant he shall be Commanded to Prison there to abide till he hath made gree to the Party of his Damages and of the Slander that he hath Suffer'd by such Occasion and after shall make Fine and Ransom to the King. In the Statute 16 Car. 1. c. 10. 't is Declared That the Reasons for putting down the Star-Chamber-Court was not only founded on their Proceeding contrary to former Statutes but that it was also an intollerable Burden to the Subject that the Remedies for all Causes might be had in the ordinary Courts of Justice and that it was the means for introducing Arbitrary Government I say then if the same things are Exercis'd and the Causes remain any where else they are equally to be Discountenanc'd and Explode'd by King and Parliament and all Free-born Subjects And if the King's Officers or Ministers from the Highest to the Lowest do any Illegal Act though by the King 's express Command they themselves become Criminal it cannot be suppos'd that any Officer of any Court whatever or Power inferior to His Majesties can have a greater Latitude but that whoever Executes any unlawful Command to the Prejudice of his Fellow Subject must be Answerable to the Party agriev'd and lyable to make him Satisfaction notwithstanding any Illegal Warrant whatsoever He that Considers the great Charge of One Pound Six Shillings and Eight Pence per Diem Fees to the Serjeant and his Messenger besides Diet and Lodging at Pleasure will believe no Man ought to Suffer under that Punishment but upon good Grounds and in conformity to former Laws without the Accusers giving Security for Prosecution and answering Damages if the Party prove himself Injur'd 'T is known Maxim in our Laws that Carcer it ad custodiendes non ad puniendes homines before Tryal or Conviction which was so far from being Mr. Sheridan's Case that he was Committed During Pleasure to a Chargeable Confinement without Cause Alledg'd or any Information upon Oath which is very Remarkable if we consider Noris's Case which was Voted by the same House that restrain'd Mr. Sheridan in this manner Illegal and Arbitrary because there was neither information upon Oath nor Crime Specifi'd and sure no Man can conclude the Commons may do that against a Subject which the King cannot without some Statute giving the one that Power which is Deny'd by all to the other But as the King can do no Wrong though his Officers may so I am content to admit if they Challenge the same Priviledge that the House of Commons may be always in the Right provided they allow that in the Execution of their Injunctions some of their Members and Ministers may â—â—t though the whole Body may be exempt yet thâ—se do run the hazard of being call'd to an Account I am certain 't was in order to Vindicate the Right of the Subject as well as to retrieve his own Liberty and free himself from Charge Mr. Sheridan attempted the Habeas Corpus a Motion that no doubt offended some though not the disinteressed part of the Nation nothing tending more to the advantage of the People and the opposition of Arbitrary Power at least equally to be contended against in the Commons as in the King by every free born Subject who if necessity makes him a Slave and he have the Liberty to chuse ought and must preser one Master to many And tho it was three several days debated in the House and that some were of opinion the Act was not design'd in favour of any by them Committed the contrary was so plain from the Words that it was never brought to a Vote And I am inform'd that one of the most Eminent and Deservedly Leading men of the House a Manager of my Lord Staffords Tryal Mr. P. advis'd their proceeding according to Law in a Case where the Right of the Subject was so Nicely concern'd and which was indeed or might be every English-man's in which present and future Ages were equally interessed and in which a Vote not having at all the force of a Law nor the exposition of a Statute might not only Reflect but make them Odious to all the World An advice which all the People in the Kingdom ought to acknowledge with Gratitude nothing being more certainly the true Interest of the Nation than to keep all things within their proper Bounds and Channels the King to continue to Both Houses of Parliament what the Lords have by Fundamental Constitutions alwaies enjoy'd and the Commons by their constantly renew'd Petitions have receiv'd from the Kings Favour their accustomed Right and Priviledges and neither Lords nor Commons
perhaps to the Orders and Rules of the whole House yet thereupon they were laid aside Mr. Sheridan having now too much Cause to conclude he was not like to be Releas'd during that Session since it was not in his Power to answer the Expectations or Desires of some Persons resolv'd to seek his Remedy by a Habeas Corpus upon a Statute lately made to prevent Illegal and Arbitrary Imprisonments from which if he cou'd not be freed he hop'd from the Twelve Judges and the Chancellor if refus'd to recover Six Thousand Five Hundred Pounds Penalty to Support and Ease his Expence But the Dread of the House of Commons wou'd not suffer any of the many Counsellors or Sollicitors he consulted to intermeddle in the Matter Nevertheless he was not discourag'd but of himself pursu'd it tho' without Precedent and contrary to the Advice of most of his Friends I am loath to tell you how very Nicely some say Fearfully the Judges proceeded in this Affair most desiring further time and after avoiding being spoken with unwilling to Deny and not daring to Grant. But I were Unjust if I did not let you know that some wanted not courage as my Lord Chancellor Sir Thomas Jones Sir Job Charleton and Sir Richard Weston who as oblig'd by Law and Conscience his Oath and a late Statute to his immortal Honour at the first word granting the Writ made further Application to the others unnecessary Sir William Dolben and Baron Gregory were out of Town or unconsulted Of the rest I will say no more at present only tell you Mr. Sheridan is advis'd to bring his Action against several particularly against Sir Francis North and Judge Raymond The last of these two thinking fit to ask the Commons advice in this particular instance of doing that justice to a Subject which all Judges are sworn neither to Deny nor Delay An Act of an extraordinary Nature and without Precedent for a Judge to expect Directions in the Execution of his Trust from the House of Commons who are no Court of Judicature and who if the Case had been dubious as here himself confess'd it was not ought rather to apply himself to the rest of the Judges to His Majesties most Honourable Privy-Council or to the House of Lords the last Resort of Appeals in the Kingdom I will pass by this Judge's Servants denying his being within and sending as I am inform'd for Sir Thomas Stringar a Justice of the Peace to examine the Gentleman that Sollicited Mr. Sheridan's Business and the Witnesses whether they were Protestants and wou'd take the Oaths of Allegiance c. which they being Members of the Church of England offer'd to do to his great disappointment At length after Twelve Days strugling with Difficulties not only with the Judges but with inferior Officers the Serjeant at Arms was serv'd with the Habeas Corpus who therewith acquaints the House They after three days Debate and thrice reading over the Statute finding all so plain cou'd not but leave the Serjeant in Obedience to the Writ to carry his Prisoner before the Judge who appearing with Mr. Sheridan the Baron took the Names of three substantial Persons by him produc'd for Bail declaring he wou'd send to the Speaker and Attorney-General and if on Monday following the utmost time allow'd by the Act nothing more appear'd against the Prisoner he shou'd then between three and four a Clock receive the benefit of his Habeas Corpus But the Prorogation in the Morning prevented the Execution of the Baron's intentions and set Mr. Sheridan and his Kinsman Wilson at liberty after almost five Weeks expensive Confinement who in all probability had lain in Custody during that Session how long soever if a Habeas Corpus had not been then procur'd Upon which after Mr. Sheridan had been discharg'd his Kinsman expected likewise his Releasement there being no hopes his Petition wou'd be read since so often oppos'd by Mr. C. tho Mr. Godolphin upon whose account he is said to have been committed sent word he was sorry he shou'd on his score be so great a Sufferer and promis'd upon any others Motion to see and that for his Liberty Of which many of that House thought he had done nothing worthy the Forfeiture And because you have heard by the written Votes that it did not appear to Baron Weston that Mr. Sheridan was committed by the House of Commons when he granted the Writ you have here sub-joyn'd a true Copy of his Petition and Warrant thereunto annex'd and deliver'd to the Baron To Sir Richard Weston Knight One of the Barons of His Majesties Court of Exchequer The Humble Petition or Request of Thomas Sheridan Shewrth THat Your Petitioner was on the Ninth of December last Committed by one and the same Warrant and upon the same Account with Dr. D. who was Releas'd within Two Days after into the Custody of the Serjeant at Arms attending the House of Commons That Your Petitioner humbly conceives he ought to be Bail'd neither Felony nor Treason nor any other Crime nor Breach of Priviledge being laid to his Charge as by the Copy of the Warrant of his Commitment here-unto annexed does appear He therefore Humbly prays to have His Majesties Writ of Habeas Corpus according to the Statute made Tricesfimo Primo of the now KING And Your Petitioner shall Pray c. The Copy of the WARRANT By Vertue of an Order of the Commons of England Assembled in Parliament this Day made Thrse are to Will and Require you to keep in safe Custody the Bodies of Mr. Sheridan and Mr. D. separately and apart DURING THE PLEASURE OF THE HOUSE OF COMMONS And you are not to suffer or admit any Person to them other than such as shall have Occasion to bring them Necessaries And for your so doing this shall be your Warrant Hereof fail you not as you will answer the Contrary at your Peril Given under my Hand the Ninth Day of December 1680. William Williams Speaker To John Topham Esquire Serjeant at Arms c. It is very obvious and natural to observe from recounting to you this Case that the Great Charter of England or Magna Charta was little thought of or that I am much mistaken in its meaning since nothing is more expresly forbid than that any Man shou'd be Imprison'd or Dissâ—iz'd of any part of his Free-held Goods or Chattels among which are to be reckon'd all things a Man is Law fully possest of whether Letters Papers or other Matters without due process of Law. Py 25 Edw. 3. c. 4. it was Enacted That none shall be taken by Petition or Suggestion made to the King or to his * The Parliament is â—â—neâ— the King 's Great Council Council unless it be by Indictment or Presentment of good and lawful People of the same Neighbourhood where such Deeds be done in due manner or by Process made by Writ Original at the Common Law and that â—â—ne be put out of his