Note 257 — Chapter XI
Reading edition
[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.]