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Yonge, Charles Duke, 1812-1891

"The Constitutional History of England from 1760 to 1860"

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[Footnote 257: Lord Campbell, in his autobiography, puts the
transaction, in the phase at which it had now arrived, in a very serious
light: "Next came a proceeding which placed me in a most difficult
position; and the public never knew the danger which then existed of a
convulsion unexampled in our history. The sheriffs sued out a writ of
_habeas corpus_, directed to the Sergeant-at-arms, commanding him to
produce before the Court of Queen's Bench the sheriffs of Middlesex,
alleged to be illegally in custody, with the cause of their detention.
Wilde, the Solicitor-general, was strong for refusing to make any return
to the writ, and for setting the Court of Queen's Bench at defiance. Had
I concurred in this opinion it would certainty have been acted on. The
consequences would have been that the Sergeant-at-arms, even with the
mace in his hand, would have been sent to Newgate by the Court of
Queen's Bench. The House must have retaliated by committing the judges.
The crown would then have had to determine on which side the army should
be employed, and for a time we must have lived under a military
government" (ii., 129). The noble and learned autobiographer does not
explain why it should have been indispensable to employ the army on
either side.]


CHAPTER XII.

Sir Robert Peel becomes Prime-minister.


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