The Trial of Theodore Parker: For the "Misdemeanor" of a Speech in Faneuil Hall against Kidnapping, before the Circuit Court of the United States, at Boston, April 3, 1855, with the DefenceParker, Theodore
Religion
The Trial of Theodore Parker: For the "Misdemeanor" of a Speech in Faneuil Hall against Kidnapping, before the Circuit Court of the United States, at Boston, April 3, 1855, with the Defence
Parker, Theodore
Antislavery movements -- Massachusetts -- Boston; United States -- Fugitive slave law (1850)
[Footnote 64: 1 Parl. Hist. 1156.]
3. Charles I. proceeded in the steps of his father: he levied forced
loans. Thomas Darnel and others refused to pay, and were put in prison
on a General Warrant from the king which did not specify the cause of
commitment. They brought their writs of _habeas corpus_, contending
that their confinement was illegal. The matter came to trial in 1627.
Sir Randolf Crewe, a man too just to be trusted to do the iniquity
desired, was thrust out of office, and Sir Nicolas Hyde appointed
chief justice in his place. The actual question was, Has the king a
right to imprison any subject forever without process of law? It was
abundantly shown that he had no such right. But the new chief justice,
put in power to oppress the people, remembering the hand that fed him,
thus decreed,--"Mr. Attorney hath told you that the _king hath done
it, and we trust him in great matters_, and he is bound by law, and he
bids us proceed by law; ... and we make no doubt but _the king_, if
you look to him, he knowing the cause why you are imprisoned, _he will
have mercy_; but that we believe that ... he cannot deliver you, but
_you must be remanded_." Thus the judges gave the king absolute power
over the liberties of any subject.[65]
[Footnote 65: 3 St. Tr. 1. See also 2 Parl. Hist. 288; 1 Rushworth and
1 Mrs. Macaulay, 341.]
But the matter was brought up in Parliament and discussed by men of a
different temper, who frightened the judge by threats of impeachment,
and forced the king to agree to the PETITION OF RIGHT designed to put
an end to all such illegal cruelty. Before Charles I. would sign that
famous bill, he asked Judge Hyde if it would restrain the king "from
committing or restraining a subject _without showing cause_." The
crafty judge answered, "_Every law_, after it is made, _hath its
exposition, which is to be left to the courts of justice to
determine_; and although the Petition be granted _there is no fear of
[such a] conclusion as is intimated in the question_!" That is, the
court will interpret the plain law so as to oppress the subject and
please the king! As the judges had promised to annul the law, the
king signed it.[66] Charles dissolved Parliament and threw into jail
its most noble and powerful members--one of whom, Eliot, never left
the prison till death set him free.[67] The same chief justice gave an
extrajudicial opinion justifying the illegal seizure of the
members,--"that a parliament man committing an offence against the
King in Parliament not in a parliamentary course, may be punished
after the Parliament is ended;" "that by false slanders to bring the
Lords of the Council and the Judges, not in a parliamentary way, into
the hatred of the people and the government into contempt, was
punishable out of Parliament, in the Star-Chamber, as an offence
committed in Parliament beyond the office, and beside the duty of a
parliament man."[68] Thus the judges struck down freedom of speech in
Parliament.
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