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 (among them Thomas Darnell) in 1627^[1] 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 prerogatives of the monarch. The Petition of Right of 1628 clarified this situation and limited the monarch's absolute prerogatives. ^[2]

John Selden acted as counsel for one of the defendants, Edmund Hampden, in this case;^[3] 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.^[4]

According to some sources taxation, if not sanctioned by Parliament, was declared illegal by this case.^[1] On the other hand Glenn Burgess writes "The Five Knights' Case ... was not about non-parliamentary taxation".^[5]

References

1. ^ ^{a b} Professor John McEldowney (2006). "Select Committee on Constitution Minutes of Evidence : Memorandum by Professor John McEldowney". United Kingdom Parliament. http://www.parliament.the-stationery-office.com/pa/ld200506/ldselect/ldconst/236/6032916.htm#n19. Retrieved 26 March 2009. 
2. ^ Darnels-case, britannica.com, Retrieved 8 March 2010
3. ^  "Selden, John". Dictionary of National Biography. London: Smith, Elder & Co. 1885–1900. 
4. ^ Mark A. Kishlansky, Tyranny denied: Charles I, Attorney General Heath, and the Five Knights' Case. Historical Journal, 42 (1999), 53-83.
5. ^ Glenn Burgess, The Politics of the Ancient Constitution (1992), pp. 191.

External links

• The Case of the Five Knights, before the Court of King's Bench. Gardiner: Constitutional Documents of the Puritan Revolution