The Sun.
London, England, 1820-02-02 00:00:00

COURT OF KING'S BENCH, Fen. I.

This morning the Judges and King►'s Counsel
to,,k the Oath of Allegiance to his piesent Ma-

COMMITMENT OF J. C. HOBEIOUSE, ESQ.

Nlr. J. Evans moved for a writ or ilaheas
Corpus, to be directed to the Keeper of Newgale,
regnirnig him to bring tip the body of John Cam
Hof)bowie. E•ti
Mr Esmis, by desire of the Court, then read
the affidavit, which stated, that he was arrested
at his house, No. 1, New-9t reel, Spring -gardcns,
by persons themselves Messengers of the
Ilonse of'Commoiri ; thßt he had it was on
a charge of having committed some offence against
the privilege of that 1-1,.0be ; "but (hell he never
nad had notice of any chari:e, had never been
summoned to make any defence, never had maoe
any detenee, and that he believt d he waa taken
wi bout any legal cause whaieser.

Tile LORD CHIEF JUST,CR asked Mr. EviOS to
[Tad the warrant. It stated, that it t%-.44 resnit•-
cd, el►at the book called a " Alistske"
was 4 libel upon the Legislature of the whole
Country, and particularly on the Howe of Conm-
n►eons ; and that Al r. Hublintise, having acknow-
ledged himself the author of it, was guilty of a
hreach 01 the privileges of the Hous.e ; it requir-
ed the keeper do receive -hint into his moody,
aiid to ktep hint safely during the pleasure of that
House.

The LORD CHIEF JUSTICE said, as this war-
rant stated, that Mr. Hobhouse had published a
libel on the House of Col.:mons, he did not see
how the Court Could inquire into it, or grant a
Writ.

ETA'NS said, that this was done in the case
of King v. Flower, S Term, Rep.
Air. Justice BEST obsetved, that Lord Kenyon
in that cage had said, that it Ile had known ii find
been a libel on the °use of Lutds; lie would
nut have granted the-writ.

• Air. EvAro; said, that in that case Lord Kenyon
put the goestion distinctly to lklr. Clifford, ‘vbe-
[her it was owt a libel oil the House of Lords,
and he answered it was, •
The LORD CHIEF JUSTicii said, he considered
it Wil9 not the proiciice to grant the writ, ',loess.
some lounJatton were hid tar it. It
was not
usual to grant it in cases where the prisoner must
necessarity be remanded.

Mr. EVANS said, there were several objections
to the warrant ; he was not prepared to argue
them now.

The LORD CHIEF JUSTICE asked if this were
not ,he proper time for areuing.them ?
INI r. F.VANS said, if they were argued now, they
would also he to be ;uglier! again when the pri.
soner was brought up. lie considered the grew.
jug the w tit a matter of right in all cases, except
treason or felony The Le4rncd Counsel then
read the Preamble of the slat. 31. Car. II.; emir. 2.
He also lead the 10th section of that Act, whereby
it is enacted, that it shall 0 lawful for etly,
stoker to move and obtain his Thibcas Corpus as
well out of the High Court of Chancery, or Court
of Exchequer, as out of the Courts of King's
Bench, or Common Pleas, or tither ut them ;
and if the siid Lord Chancellor, or Limit
Keeper, Or any Judge or Judges. Baron or
Barons, for the time being, of the degree of
the Coit, or any of ,the Courts , aforesaid,
in the vacation time, upon view or the copy: or
copies of the warrant or warrants of comtnii went
or detainer, or upon oath made that SILK copy or
copies were denied as, aforesaid, shall deny. any
writ of liut:eas Corpus by this act reviren to be
granted, bring moved for as aforesaid, they shall
forfeit to the party aggrieved 5001. He contended
that, although this only applied to cases happen-
ing in vacation, it showed that the intention of
the Legislature was to make it peremploty on the
Courts to grant the writ at all times, except in
cases of treason and felony. Ile said, he was not
aware of any case in whieh it had been refused.
The LORD CHIEF JUSTICE said, be had-always
understood the rule to be not to grant the writ
without some reason being shown ; but as this
was a case of considerable importance, and affect-
ed the liberty of the subject, the Court would
grant the whit. fie asked whether Mr. Evans
would take the writ now, or mention the case
again on Thursday.
Mr. EVANS slid, he would take the writ now.—
The writ was a .cotdingly granted.