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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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perhaps to the Orders and Rules of the whole House yet thereupon they were laid aside Mr. Sheridan having now too much Cause to conclude he was not like to be Releas'd during that Session since it was not in his Power to answer the Expectations or Desires of some Persons resolv'd to seek his Remedy by a Habeas Corpus upon a Statute lately made to prevent Illegal and Arbitrary Imprisonments from which if he cou'd not be freed he hop'd from the Twelve Judges and the Chancellor if refus'd to recover Six Thousand Five Hundred Pounds Penalty to Support and Ease his Expence But the Dread of the House of Commons wou'd not suffer any of the many Counsellors or Sollicitors he consulted to intermeddle in the Matter Nevertheless he was not discourag'd but of himself pursu'd it tho' without Precedent and contrary to the Advice of most of his Friends I am loath to tell you how very Nicely some say Fearfully the Judges proceeded in this Affair most desiring further time and after avoiding being spoken with unwilling to Deny and not daring to Grant. But I were Unjust if I did not let you know that some wanted not courage as my Lord Chancellor Sir Thomas Jones Sir Job Charleton and Sir Richard Weston who as oblig'd by Law and Conscience his Oath and a late Statute to his immortal Honour at the first word granting the Writ made further Application to the others unnecessary Sir William Dolben and Baron Gregory were out of Town or unconsulted Of the rest I will say no more at present only tell you Mr. Sheridan is advis'd to bring his Action against several particularly against Sir Francis North and Judge Raymond The last of these two thinking fit to ask the Commons advice in this particular instance of doing that justice to a Subject which all Judges are sworn neither to Deny nor Delay An Act of an extraordinary Nature and without Precedent for a Judge to expect Directions in the Execution of his Trust from the House of Commons who are no Court of Judicature and who if the Case had been dubious as here himself confess'd it was not ought rather to apply himself to the rest of the Judges to His Majesties most Honourable Privy-Council or to the House of Lords the last Resort of Appeals in the Kingdom I will pass by this Judge's Servants denying his being within and sending as I am inform'd for Sir Thomas Stringar a Justice of the Peace to examine the Gentleman that Sollicited Mr. Sheridan's Business and the Witnesses whether they were Protestants and wou'd take the Oaths of Allegiance c. which they being Members of the Church of England offer'd to do to his great disappointment At length after Twelve Days strugling with Difficulties not only with the Judges but with inferior Officers the Serjeant at Arms was serv'd with the Habeas Corpus who therewith acquaints the House They after three days Debate and thrice reading over the Statute finding all so plain cou'd not but leave the Serjeant in Obedience to the Writ to carry his Prisoner before the Judge who appearing with Mr. Sheridan the Baron took the Names of three substantial Persons by him produc'd for Bail declaring he wou'd send to the Speaker and Attorney-General and if on Monday following the utmost time allow'd by the Act nothing more appear'd against the Prisoner he shou'd then between three and four a Clock receive the benefit of his Habeas Corpus But the Prorogation in the Morning prevented the Execution of the Baron's intentions and set Mr. Sheridan and his Kinsman Wilson at liberty after almost five Weeks expensive Confinement who in all probability had lain in Custody during that Session how long soever if a Habeas Corpus had not been then procur'd Upon which after Mr. Sheridan had been discharg'd his Kinsman expected likewise his Releasement there being no hopes his Petition wou'd be read since so often oppos'd by Mr. C. tho Mr. Godolphin upon whose account he is said to have been committed sent word he was sorry he shou'd on his score be so great a Sufferer and promis'd upon any others Motion to see and that for his Liberty Of which many of that House thought he had done nothing worthy the Forfeiture And because you have heard by the written Votes that it did not appear to Baron Weston that Mr. Sheridan was committed by the House of Commons when he granted the Writ you have here sub-joyn'd a true Copy of his Petition and Warrant thereunto annex'd and deliver'd to the Baron To Sir Richard Weston Knight One of the Barons of His Majesties Court of Exchequer The Humble Petition or Request of Thomas Sheridan Shewrth THat Your Petitioner was on the Ninth of December last Committed by one and the same Warrant and upon the same Account with Dr. D. who was Releas'd within Two Days after into the Custody of the Serjeant at Arms attending the House of Commons That Your Petitioner humbly conceives he ought to be Bail'd neither Felony nor Treason nor any other Crime nor Breach of Priviledge being laid to his Charge as by the Copy of the Warrant of his Commitment here-unto annexed does appear He therefore Humbly prays to have His Majesties Writ of Habeas Corpus according to the Statute made Tricesfimo Primo of the now KING And Your Petitioner shall Pray c. The Copy of the WARRANT By Vertue of an Order of the Commons of England Assembled in Parliament this Day made Thrse are to Will and Require you to keep in safe Custody the Bodies of Mr. Sheridan and Mr. D. separately and apart DURING THE PLEASURE OF THE HOUSE OF COMMONS And you are not to suffer or admit any Person to them other than such as shall have Occasion to bring them Necessaries And for your so doing this shall be your Warrant Hereof fail you not as you will answer the Contrary at your Peril Given under my Hand the Ninth Day of December 1680. William Williams Speaker To John Topham Esquire Serjeant at Arms c. It is very obvious and natural to observe from recounting to you this Case that the Great Charter of England or Magna Charta was little thought of or that I am much mistaken in its meaning since nothing is more expresly forbid than that any Man shou'd be Imprison'd or Diss●iz'd of any part of his Free-held Goods or Chattels among which are to be reckon'd all things a Man is Law fully possest of whether Letters Papers or other Matters without due process of Law. Py 25 Edw. 3. c. 4. it was Enacted That none shall be taken by Petition or Suggestion made to the King or to his * The Parliament is ●●ne● the King 's Great Council Council unless it be by Indictment or Presentment of good and lawful People of the same Neighbourhood where such Deeds be done in due manner or by Process made by Writ Original at the Common Law and that ●●ne be put out of his