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Show 102 ATROCIOCS JCDGES. [A. D. 1628. sideration the point of our privilege." To soothe the dangerous spirit which disclosed itself; Buckingham obtained leave frmn the king thn.t the j uc1ges should g ive their rca ~on , aml Sir Nicholas IIy<le again went over all the authorities which had. been cited in the ICing's Bench in "'up port of the prcrogatiYe. The e were not consid.ered by any n1eans satisfactory; but, as the chief justice could no longer be deemed contumacious, he ccaped the comn1itment with which he had been threatened. Sir Edward. Coke,* and the patriob in the IIouse of Common , were not so easily appea eel, and they for some time threatened Lord Chief Justice IIyde and his brethren with an impeachment; l>ut it was hoped tha.t all danger to liberty would be effectually guarded again t for the future by compelling the r eluctant king to agree to the PETITIOi{ OF RrGHT. Before Charle. would give the royal assent to itmeaning not to be l>ounu by it himself, but afraid that the judges would afterwards put limits to his power of arbitrary imprisonment- he sent for Chief Justice IIy<le and Chief Justice Richardson, of the C01nmon Plea~, to "\Vhitcha1l, n.nd directed them to return to him the an wer of then1selves and their brethren to thi-: question, ""\Vhether in no ca:::;e whatsoever the king may commit a ul>ject without showing cau"'e." The answer shows that they had been dau ntcll by the denunciations of Sir Edwanl Coke, and that t1H'Y were driven to cqui vocate : " We are of opinion that, by the general rule of law, the cause of commitment l>y his n1aje~ty ought to be shown ; yet some cn~es may require sueh secrecy that the * This celebrated lawyer, who had succeede<l Fleming as chief justice of the King's Bench, had been as well as Crewe tnrned out of office after holding the place for three ye:u·'s, becn.use he wo~ld not n.llow the govern· rocnt to interfere with his administrn.tion of justice. II e wn.s now the leader of the popular party in the House of Commons. -Ed. A. D. 1628.J ~ICHOLAS HYDE. 103 king may commit a subject without . howing the cause, for a convenient titne." Charles then delivered to them a econ<l question, an<l desireu them to keep it very seer t, '' "\Vhether, if to a habeas c01-pus there lJe r cturne<l a warrant fr01n the kiug without any special ca.u c, the juclges ought to liberate Lim before they un<lcrstand frorn the king what the cau.-e i.3." They answered, " If no cause be as:;igned in the wnrrant, the party ought, by the general rule of law, to be liberated; but, if the case requireth secrecy, anu n1ay not pre.-ently b, llisclo.:; ed, the court, in its <liscretion, n1ay forbear to liberate t h~ vrisoncr for a convenient time, till they are a<lverli:;c<l of the truth thereof." lie then cc-une to the point wilh his third question, "Whether, if the king grant the Co1nmons' PETITION, he doth not thereby exclude hin1 elf frou1 commilling or restraining a sulJje ·t without sho\ring a cau .... e." llylle reported this re pon e : ''Every law, afler it is n1adc, hath its exposition, which is to l>e left to the courts of jttstice to deter1nine; and, although the PETITION be granted., th re IS no fear of conclusion, a:; is intitnatccl in the <1 uestion." The judge .. having thu .. pledged then1 elves to repeal the act for him by 1niscon:truin o- it;>~< he allowed it to l>e allucd to the statute book. No sooner was the Parlimncnl that passed it abruptly <li -olve<l than it wa. i1agrantly viohttel1, and Selden, Sir John Eliot, anu other 111embers of Lhc Ilous~ of Conunons, were arreslcu {or the ·peedw=' they had ddiv.:. cred, and for requiring the sp ·aker to put from the chair n motion which hacl been ma<lc an<l ·econde(l. This procecLling was n1ore alarming to publie liberty than any thing tlmt had . * \Ve have had recent striking in ... tanccs in America of the san1e thing m some of the '· u:.isconstructions" placed by judges on the laws in l'C-straint of drunkenness n.nd liquor selling.- Ed. |