The Experiences of a Barrister, and Confessions of an AttorneyWarren, Samuel
General
The Experiences of a Barrister, and Confessions of an Attorney
Warren, Samuel
Detective and mystery stories, English; Legal stories, English
"A writ of habeas!" I exclaimed with astonishment. "Why, what end can
that answer? The lady will be remanded, and you and I shall be laughed at
for our pains."
This writ of _habeas corpus "ad subjiciendum,_" I had better explain to
the non-professional reader, is the great _prerogative_ writ, the
operation of which is sometimes suspended by the legislature during
political panics. It is grounded on the principle that the sovereign has
at all times a right to inquire, through the judges of the superior
courts, by what authority his or her subject is held in constraint. It
issues, as a matter of right, upon the filing of an affidavit, averring
that to the best of the belief of the deponent the individual sought to
be brought up is illegally confined; and it is of the essence of the
proceeding, that the person alleged to be suffering unlawful constraint
should actually be brought before the "queen herself;" that is, before
one or more of the judges of the court which has issued the writ, who, if
they find _the detention illegal_, the only question at issue upon this
writ may discharge or bail the party. It was quite obvious, therefore,
that in this case such a proceeding would be altogether futile, as the
detention in the house of her guardian, under the sanction, too, of the
lord chancellor, the _ex-officio_ custodier of all lunatics--of a ward of
alleged disordered intellect--was clearly legal, at least _prima facie_
so, and not to be disturbed under a _habeas ad sub_. at all events.
"Perhaps so," replied Ferret quite coolly in reply to my exclamation;
"but I am determined to try every means of releasing the unfortunate
young lady from the cruel thraldom in which she is held by that harridan
of an aunt-in-law. She is no more really insane than you are; but at the
same time so excitable upon certain topics, that it might be perhaps
difficult to disabuse the chancellor or a jury of the impression so
industriously propagated to her prejudice. The peremptory rejection by
her guardian of young Burford's addresses, though sanctioned by her
father: you know the Burfords?"
"Of Grosvenor Street you mean--the East India director?"
"Yes, his son; and that reminds me that the declaration in that
everlasting exchequer case must be filed to-morrow. Confound it, how this
flying about the country puts one out! I thought some one had kidnapped
her son, or fired Compton Castle at least. By the way, I am much deceived
if there isn't a wedding there before long."
"Indeed!"
"Yes, Miss Dalston with Sir Jasper's eldest hope."
"You don't mean it?"
"_They_ do at all events, and that is much more to the purpose. A fine
young fellow enough, and sufficiently rich too"--
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account