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A63465 A short account, or state of Mr. Sheridan's case before the late House of Commons in a letter to J.T. L. T.; J. T.; Sheridan, Thomas, 1646-ca. 1688. 1681 (1681) Wing T25A; ESTC R203698 22,220 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 ●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 ●●t though the whole Body may be exempt yet th●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