subjiciendum,_" I had better explain to
the non-professional reader, is the great _prerogative_ writ, the
operation of which is sometimes suspended by the legislature during
political panics. It is grounded on the principle that the sovereign has
at all times a right to inquire, through the judges of the superior
courts, by what authority his or her subject is held in constraint. It
issues, as a matter of right, upon the filing of an affidavit, averring
that to the best of the belief of the deponent the individual sought to
be brought up is illegally confined; and it is of the essence of the
proceeding, that the person alleged to be suffering unlawful constraint
should actually be brought before the "queen herself;" that is, before
one or more of the judges of the court which has issued the writ, who, if
they find _the detention illegal_, the only question at issue upon this
writ may discharge or bail the party. It was quite obvious, therefore,
that in this case such a proceeding would be altogether futile, as the
detention in the house of her guardian, under the sanction, too, of the
lord chancellor, the _ex-officio_ custodier of all lunatics--of a ward of
alleged disordered intellect--was clearly legal, at least _prima facie_
so, and not to be disturbed under a _habeas ad sub_. at all events.
"Perhaps so," replied Ferret quite coolly in reply to my exclamation;
"but I am determined to try every means of releasing the unfortunate
young lady from the cruel thraldom in which she is held by that harridan
of an aunt-in-law. She is no more really insane than you are; but at the
same time so excitable upon certain topics, that it might be perhaps
difficult to disabuse the chancellor or a jury of the impression so
industriously propagated to her prejudice. The peremptory rejection by
her guardian of young Burford's addresses, though sanctioned by her
father: you know the Burfords?"
"Of Grosvenor Street you mean--the East India director?"
"Yes, his son; and that reminds me that the declaration in that
everlasting exchequer case must be filed to-morrow. Confound it, how this
flying about the country puts one out! I thought some one had kidnapped
her son, or fired Compton Castle at least. By the way, I am much deceived
if there isn't a wedding there before long."
"Indeed!"
"Yes, Miss Dalston with Sir Jasper's eldest hope."
"You don't mean it?"
"_They_ do at all events, and that is much more to the purpose. A fine
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