Darnell's Case
Encyclopedia
The Five Knights' case, also called Darnel's or Darnell's case, was an important case in English law
, fought by five knights (among them Thomas Darnell
) in 1627 against forced loans placed on them by King Charles I
in a common law
court. The court found in favour of the King, since common law — jurisdiction of the court — had no control over the royal or absolute prerogative
s of the monarch. The Petition of Right
of 1628 clarified this situation and limited the monarch's absolute prerogatives.
John Selden
acted as counsel for one of the defendants, Edmund Hampden, in this case; he was a Member of Parliament
and claimed afterwards that there was an effort made by the King and Robert Heath
, the Attorney General
, to tamper with the rulings of the case. While historians have generally agreed with Selden's assertions, Mark Kishlansky has disputed them.
According to some sources taxation, if not sanctioned by Parliament
, was declared illegal by this case. On the other hand Glenn Burgess writes "The Five Knights' Case ... was not about non-parliamentary taxation".
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, fought by five knights (among them Thomas Darnell
Thomas Darnell
Sir Thomas Darnell, 1st Baronet 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.-Life:...
) in 1627 against forced loans placed on them by King Charles I
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...
in a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
court. The court found in favour of the King, since common law — jurisdiction of the court — had no control over the royal or absolute prerogative
Prerogative
In law, a prerogative is an exclusive right given from a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law of the normative state...
s of the monarch. The Petition of Right
Petition of right
In English law, a petition of right was a remedy available to subjects to recover property from the Crown.Before the Crown Proceedings Act 1947, the British Crown could not be sued in contract...
of 1628 clarified this situation and limited the monarch's absolute prerogatives.
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...
acted as counsel for one of the defendants, Edmund Hampden, in this case; he was a Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
and claimed afterwards that there was an effort made by the King and 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...
, the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, to tamper with the rulings of the case. While historians have generally agreed with Selden's assertions, Mark Kishlansky has disputed them.
According to some sources taxation, if not sanctioned by Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
, was declared illegal by this case. On the other hand Glenn Burgess writes "The Five Knights' Case ... was not about non-parliamentary taxation".