The British Press; or, Morning Literary Advertiser.
London, England, 1818-07-21 00:00:00

LAW INTeLLICENCE.

COURT OF CHANCERY. Ltmooca's
blimpAy, JULY 20.

JUDGMENT.
HABEAS CORPUS.

CILOWLIY, is the matter or cuoVeLkit, e Balthntpt.
The LORD CHA NUM 1.0R.'• This Cafe is of
great importanceas far •- it concerns the public, not
so much on account of its particular merit% us its
vast importance, iss consequence of the qitestion it
Meolves relative to the jurisdiction of this Court,
•o 4 the right which his Majesty'. setsjects have of
epplying to the Chancellor oat behalf of their rights
paid liberties. The Liar Authorities bearing on the
Case are many, soul very different from each other,
owing to the different views taken of a particular
statute, Car which rraaon l have gone through all
tlw law books which 1 lisie beets able to find on the
subject, with the greatest anxiety, and I can assure
you I leave devoted myself with more than usual
assiduity to tie consideration of the question. In
Mr. Justice Blackstene's Commentaries, I find an
account of Jellkv's cave, the famous Landon Li.
veryman; but with all due respect to that eminent
Judge. I sun iodine(' to think the cave has not beet;
detailed with lies usual accuracy and luminous
judgment. There was a dell'eartice of opinion he.
tweet. the celebrated Lord lisle, and the no less
celebrated Lord Chancellor Nottinglism—the
lit-
ter contendtaig, that no such power as granting a
writ of Habeas Corona, by the Act of the 16th of
Charles I. vested it.the Lord Chancellor; while
the former war of opinion that the Lord Chancellor
had such a power. But when I consider the time
Lord Hale retired from his office of Chief Justice
of the King's Bench, which was in the year 1675,
and that lie died in 1676, 1 cannot but say that I
perfer the opinion of Lord Hale, for certainly this
eminent Lawyer had the fullest knowledge of the
Act of the 16th of Charles I. In an recount of
that trial of Jenks, which ass published by some
of his friends, I and it stated, that an eppliest:ass
was made its Term to my Lord Chief Justice Rains-
ford, for a writ of Habeas Corpus—but that Jule e
refused to grant it. With all respect to the aniliness
of this work, I must say I do mit believe the fact ;
fur of the statute is basked into. it will give a very
different view t.f. the matter. When the implicit io n
wits made to Load Nottiughans, the difficulty his
Lordship laboured under was, to Mill a precedent
where a Chancellor had issued such a writ ice Vaal.
time and no such precedent was found. With
respect to the Curious case of Jenks, so much allud-
ed to it. the pleadings before me, and Indeed so
well known to eyrie Englishinine I will now read
from Lord Nottitigliatat's manuscript what took
place on that occasion, and I will hereof:es- make
such observations as I think necessary The
election of Sheriff+ fur the City of L endon and
Coutaty of Middlesex took place, as it always dues,
on Midsummer-dity. On that day, in_ the year
1676, Mr. Francis Jeekts. a linen-draper. aced a
Liveiyinan of London, addressed the Livery front
the hustings in Guildhall. He compliiiird tie the
rtrongret terms of the then existing grievances in
the country, end implored the Livery to agree
with him in a motion to request the Lord .Favor,
who was then in leis chandler, to come forward mid
join the Livery in petitioning die King for a new
Parliament, and lOr u redress of grievances. This
speech of Mr. Jenks dad not Nevoid with the feel-
nags of the nobler authorities ; hut, on the clearary,
was considered seditious, on which be was arrest.
ed.' I thick it necessary for me to state, that a
very proper distinction has since that been amide
between the Count sssss Council and what is gene-
rally denominated the Common Hall. The lat-
ter is only a Court so fir as ergarels the election of
Lord Alayor and Sheriff*, and has seo right to es..
pect its Petitions to be intsenteil to the Sovereign
on the throve ; and when such Petition* are pre.
twitted to the (louse of Lords, they are •by that
august Assembly only considered as the PetPions of
those whose signatures are affixed to them. The
Common Council, on the rummy, is a corporate
body, mid as such had, its consequence of its hr-
lunging to the metropolis. a right to address the So-
vereign on the throtir. Having thought it eiecessury
to say so much on this point, I will proceed
with the Cease of Jeults. Being brought before
his Mujesty Charles if. in Council, he was there
told that he was charged with having in a tsp.
bulent manner, and with seditious views, wailed.
soured to stir up divers persons for seditious pur-
poses, under pretence of petitioning for a new Para
'lament. beaten(' of denying his guilt (4 it was
said to be). lie, in the most presumptuous manner
(a* Lord Nottingham says), persisted be was right ;
on which he was committed to the Gate-house, its
Westminster. On this point, before I proceed fur.
ther, I will (tidy say, that a charge of such a mr.
tine deserved great consideration before committal,
whether such an offence was not boilable. When
such a case as this of Jenks is brought formic', it
ought to be quoted accurately, aid not on loose
authority. But to return to Lord Naitiiiighion'a
MS.—That eminent Judge stated, that all spa
plication ass made to hint by a Mr. Wartluur, lie
a writ of Habeas Corpus, on the /second Seal, and
he directed that Gentlemen to snake his motion on
the last Seal, that he might, in the tnran times
have an opportunity of consulting with the, twelve
Judges, aced also of considering the case it. pia
private-room. His Lordship said, that on co ttt it og
into town ou foot from his country-house, to attend
the Court, he was met on the highway by several
friends of Mr. Jenks. who petitioned for his being
discharged by the writ of Habeas Corpus, and even
offered to become hail fur him This application
was refused by lets Lordship, who observed, that It
was a Ming improper place to make it, and that it
was a captious proceeding altogether ; whit It a
&aunt MICH siry, very forward, pressed the cause of
Jenks with the pertness breu gal f rward tutor-
uey.—(4 lattgA.)—There were Lord Nottingham's
words, however humorous they might •ppear
to br. I differ from the opiutoe of Loid Nutting.
ham, as that hod down by Lord Coke appears to
me to be deserving of the Pi serious attention.
Lord Notatighann must have felt himself distressed
by the replication to him, and thought that the
'weer of wonting the writ had betas take,, away
from loin by a subsequreit statute. lei the be-
ginning r f September, 1676, .la-eke applied by the
teem,s of hi. friend* to the land Chief Juvece 4Jf
tier King's Bench. for an order to remove him Irons
tea Gate-house to the custody of the Shetiff*

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