Nicholas Hyde
Encyclopedia
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. Born at Wardour
, Hyde was educated at Exeter College, Oxford
, entered the Middle Temple
and was called to the bar in 1598.
Hyde entered the House of Commons
in 1597 as one of the two members for Old Sarum
. He represented Andover
in 1601, Christchurch
in 1604, and Bath
in 1614. He soon became prominent as an opponent of the king's court, although he does not appear to have distinguished himself in the law
. Before long, however, he deserted the popular party and in 1626 was employed by George Villiers, 1st Duke of Buckingham
, to defend him against impeachment
by the House of Commons.
In the following year be was appointed a Serjeant-at-law
and Chief Justice of the King's Bench, in which office it fell to him to give judgment in the celebrated case of Sir Thomas Darnell
and others who had been committed to prison on warrants signed by members of the Privy Council
, and which contained no statement of the nature of the charge against the prisoners. In answer to the writ of habeas corpus
the Attorney General relied on the Royal Prerogative
, supported by a precedent of Queen Elizabeth
's reign. Hyde, three other judges concurring, decided in favor of the Crown
but without going so far as to declare the right of the Crown to refuse indefinitely to show cause against the discharge of the prisoners. He was knighted the same year (1627).
In 1629, Hyde was one of the judges who condemned Eliot
, Holles and Valentine
for conspiracy
in parliament to resist the King's orders, refusing to admit their plea of parliamentary privilege
that they could not be called upon to answer out of parliament for acts done in parliament.
He died of gaol fever in 1631. He had married Mary, daughter of Arthur Swayne of Sarson in Amport, Hanpshire.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
.
He was the son of Lawrence Hyde and Ann Sybill and the brother of Henry Hyde and Lawrence Hyde
Lawrence Hyde (attorney-general)
Sir Lawrence Hyde was an English lawyer who was attorey-general to the consort of King James I. He sat in the House of Commons at various times between 1584 and 1611....
, who became attorney-general. Born at Wardour
Wardour, Wiltshire
Wardour is a settlement in Wiltshire, England, five miles to the south of Hindon. Formerly a parish in its own right, it is now part of the civil parish of Tisbury.The ruins of Wardour Castle are a prominent feature...
, Hyde was educated at Exeter College, Oxford
Exeter College, Oxford
Exeter College is one of the constituent colleges of the University of Oxford in England and the fourth oldest college of the University. The main entrance is on the east side of Turl Street...
, entered the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
and was called to the bar in 1598.
Hyde entered the House of Commons
House of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
in 1597 as one of the two members for Old Sarum
Old Sarum (UK Parliament constituency)
Old Sarum was the most infamous of the so-called 'rotten boroughs', a parliamentary constituency of the United Kingdom of Great Britain and Ireland which was effectively controlled by a single person, until it was abolished under the Reform Act 1832. The constituency was the site of what had been...
. He represented Andover
Andover (UK Parliament constituency)
Andover was the name of a constituency of the House of Commons of the Parliament of England from 1295 to 1307, and again from 1586, then of the Parliament of Great Britain from 1707 to 1800 and of the Parliament of the United Kingdom from 1801 to 1918. It was a parliamentary borough in Hampshire,...
in 1601, Christchurch
Christchurch (UK Parliament constituency)
Christchurch is a parliamentary constituency represented in the House of Commons of the Parliament of the United Kingdom. Centred on the town of Christchurch in Dorset, it elects one Member of Parliament by the first past the post system of election....
in 1604, and Bath
Bath (UK Parliament constituency)
Bath is a constituency in the House of Commons of the Parliament of the United Kingdom, previously of the House of Commons of England. It is an ancient constituency which has been constantly represented in Parliament since boroughs were first summoned to send members in the 13th century...
in 1614. He soon became prominent as an opponent of the king's court, although he does not appear to have distinguished himself in the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. Before long, however, he deserted the popular party and in 1626 was employed by George Villiers, 1st Duke of Buckingham
George Villiers, 1st Duke of Buckingham
George Villiers, 1st Duke of Buckingham KG was the favourite, claimed by some to be the lover, of King James I of England. Despite a very patchy political and military record, he remained at the height of royal favour for the first two years of the reign of Charles I, until he was assassinated...
, to defend him against impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
by the House of Commons.
In the following year be was appointed a 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...
and Chief Justice of the King's Bench, in which office it fell to him to give judgment in the celebrated case of Sir 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:...
and others who had been committed to prison on warrants signed by members of the Privy Council
Privy Council of England
The Privy Council of England, also known as His Majesty's Most Honourable Privy Council, was a body of advisers to the sovereign of the Kingdom of England...
, and which contained no statement of the nature of the charge against the prisoners. In answer to the writ of 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...
the Attorney General relied on the Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
, supported by a precedent of Queen Elizabeth
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
's reign. Hyde, three other judges concurring, decided in favor of the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
but without going so far as to declare the right of the Crown to refuse indefinitely to show cause against the discharge of the prisoners. He was knighted the same year (1627).
In 1629, Hyde was one of the judges who condemned Eliot
John Eliot (statesman)
Sir John Eliot was an English statesman who was serially imprisoned in the Tower of London, where he eventually died, by King Charles I for advocating the rights and privileges of Parliament.-Family and early life:...
, Holles and Valentine
Benjamin Valentine
Benjamin Valentine , was an English parliamentarian.Valentine was probably a native of Cheshire. He was elected on 3 March 1627–1628 to represent the borough of St. Germans in the parliament of 1628–9. He was in the House of Commons on 2 March 1628–9 when Speaker Finch would have obeyed King...
for conspiracy
Conspiracy (political)
In a political sense, conspiracy refers to a group of persons united in the goal of usurping or overthrowing an established political power. Typically, the final goal is to gain power through a revolutionary coup d'état or through assassination....
in parliament to resist the King's orders, refusing to admit their plea of parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
that they could not be called upon to answer out of parliament for acts done in parliament.
He died of gaol fever in 1631. He had married Mary, daughter of Arthur Swayne of Sarson in Amport, Hanpshire.