A Student's History of England, v. 2: 1509-1689: From the Earliest Times to the Death of King Edward VIIGardiner, Samuel Rawson
History
A Student's History of England, v. 2: 1509-1689: From the Earliest Times to the Death of King Edward VII
Gardiner, Samuel Rawson
Great Britain -- History; Great Britain -- History -- Outlines, syllabi, etc.
7. =The Five Knights' Case. 1627.=--Buckingham was more unpopular
than ever. "Since England was England," we find in a letter of the
time, "it received not so dishonourable a blow." Attention was,
however, chiefly turned to domestic grievances. Soldiers had been
billeted on householders without their consent, and martial law had
been exercised over civilians as well as soldiers. Moreover, the
forced loan had been exacted, and some of those who refused to pay
had been imprisoned by the mere order of the king and the Privy
Council. Against this last injury, five knights, who had been
imprisoned, appealed to the Court of King's Bench. A writ of _habeas
corpus_ was issued--that is to say, an order was given to the gaoler
to produce the prisoners before the Court, together with a return
showing the cause of committal. All that the gaoler could show was
that the prisoners had been committed by order of the king,
signified by the Privy Council. The lawyers employed by the five
knights argued that every prisoner had a right to be tried or
liberated on bail; that, unless cause was shown--that is to say,
unless a charge was brought against him--there was nothing on which
he could be tried; and that, therefore, these prisoners ought to be
bailed. The lawyers for the Crown argued that when the safety of the
state was concerned, the king had always been allowed to imprison
without showing cause, and that his discretion must be trusted not
to imprison any one excepting in cases of necessity. The judges did
not decide this point, but sent the five knights back to prison. In
a few days, all the prisoners were set free, and Charles summoned a
third Parliament, hoping that it would vote money for a fresh
expedition to relieve Rochelle.
Public-domain text, read in full here on John Shaqi.
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