Darnel’s Case: 1627

Charles I demanded that Darnel and at least four others lend him money. Upon their refusal, they were imprisoned. The court refused to order the release of nobles who were being detained under executive warrant by the special command of Charles I, who asserted absolute authority over the parliament (based on the doctrine of divine right).
Hyde CJ said: ‘Whether the commitment be by the King or others, this Court is a place where the King doth sit in person, and we have power to examine it, and if it appears that any man hath injury or wrong by his imprisonment, we have power to deliver and discharge him, if otherwise, he is to be remanded by us to prison.’

Judges:

Hyde CJ

Citations:

(1627) 3 St Tr 1, 59 (KB 1627

Constitutional

Updated: 04 May 2022; Ref: scu.470607