Thomas Darnell
Encyclopedia
Sir Thomas Darnell, 1st Baronet (died c. 1638) was an English landowner, at the centre of a celebrated state legal case in the reign of Charles I of England
, often known as the 'Five Knights' Case' but to the lawyers of the period Darnell's Case
.
. He was created Baronet, of Heyling in the County of Lincoln, at Whitehall
on 6 September 1621. He was committed to the Fleet Prison
in March 1627, by warrant signed only by the attorney-general, for having refused to subscribe to the forced loan of that year. Application for a habeas corpus
having been made on his behalf, the writ was issued returnable on 8 November 1627. The case came on for argument on 15 November. Meanwhile a warrant for Darnell's detention had been signed by two privy councillors, in which, however, no ground for confinement was alleged except the special command of the king.
Darnell was represented by Serjeant-at-law
John Bramston, but asked for time to consider his new position, which being granted, he was remanded. The cases of his four comrades, John Corbet, Walter Earl, John Heveringham, and Edmund Hampden, were proceeded with, Bramston, William Noy
, William Calthorpe, and John Selden
being for the applicants, and the attorney-general, Robert Heath
, representing the crown. On 22 November Chief-justice Nicholas Hyde
gave judgment, in which his colleagues John Doddridge
, Jones, and James Whitelocke
concurred, to the effect that the returns to the writs were sufficient.
The prisoners remained in custody until 29 January 1628, when they were released. Darnell was living in 1634, and died before 1640. By his wife Sara, daughter of Thomas Fisher, and sister of Sir Thomas Fisher, bart., he had no male issue.
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
, often known as the 'Five Knights' Case' but to the lawyers of the period Darnell's Case
Darnell's Case
The Five Knights' case, also called Darnel's or Darnell's case, was an important case in English law, fought by five knights in 1627 against forced loans placed on them by King Charles I in a common law court...
.
Life
Darnell was a landowner with estates in LincolnshireLincolnshire
Lincolnshire is a county in the east of England. It borders Norfolk to the south east, Cambridgeshire to the south, Rutland to the south west, Leicestershire and Nottinghamshire to the west, South Yorkshire to the north west, and the East Riding of Yorkshire to the north. It also borders...
. He was created Baronet, of Heyling in the County of Lincoln, at Whitehall
Whitehall
Whitehall is a road in Westminster, in London, England. It is the main artery running north from Parliament Square, towards Charing Cross at the southern end of Trafalgar Square...
on 6 September 1621. He was committed to the Fleet Prison
Fleet Prison
Fleet Prison was a notorious London prison by the side of the Fleet River in London. The prison was built in 1197 and was in use until 1844. It was demolished in 1846.- History :...
in March 1627, by warrant signed only by the attorney-general, for having refused to subscribe to the forced loan of that year. Application for a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
having been made on his behalf, the writ was issued returnable on 8 November 1627. The case came on for argument on 15 November. Meanwhile a warrant for Darnell's detention had been signed by two privy councillors, in which, however, no ground for confinement was alleged except the special command of the king.
Darnell was represented by Serjeant-at-law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
John Bramston, but asked for time to consider his new position, which being granted, he was remanded. The cases of his four comrades, John Corbet, Walter Earl, John Heveringham, and Edmund Hampden, were proceeded with, Bramston, William Noy
William Noy
William Noy was a noted British jurist.He was born on the family estate of Pendrea in St Buryan, Cornwall. He left Exeter College, Oxford without taking a degree, and entered Lincoln's Inn in 1594. From 1603 until his death he was elected, with one exception, to each parliament, sitting...
, William Calthorpe, and John Selden
John Selden
John Selden was an English jurist and a scholar of England's ancient laws and constitution and scholar of Jewish law...
being for the applicants, and the attorney-general, Robert Heath
Robert Heath
Sir Robert Heath was an English lawyer and judge.-Early life:He was educated at Tunbridge Wells grammar school, St John's College, Cambridge from age 14 and Clifford's Inn from age 17; and became a barrister of the Inner Temple in 1603. He was an MP for the City of London in 1620, and became...
, representing the crown. On 22 November Chief-justice Nicholas Hyde
Nicholas Hyde
Sir Nicholas Hyde was Lord Chief Justice of England.He was the son of Lawrence Hyde and Ann Sybill and the brother of Henry Hyde and Lawrence Hyde, who became attorney-general...
gave judgment, in which his colleagues John Doddridge
John Doddridge
Sir John Doddridge was an English lawyer, judge and Member of Parliament, known also as an antiquarian and writer...
, Jones, and James Whitelocke
James Whitelocke
Sir James Whitelocke SL was an English judge.-Early life:He was the younger of posthumous twin sons of Richard Whitelocke, merchant, of London, by Joan Brockhurst, widow, daughter of John Colte of Little Munden, Hertfordshire. His twin-brother, William, served under Francis Drake, and fell at sea...
concurred, to the effect that the returns to the writs were sufficient.
The prisoners remained in custody until 29 January 1628, when they were released. Darnell was living in 1634, and died before 1640. By his wife Sara, daughter of Thomas Fisher, and sister of Sir Thomas Fisher, bart., he had no male issue.