Darnell, Thomas (DNB00)

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DARNELL, Sir THOMAS (d. 1640?) patriot, created baronet at Whitehall on 6 Sept. 1621, was committed to the Fleet prison in March 1627, by warrant signed only by the attorney-general, for having refused to subscribe to the forced loan of that year. Application for a habeas corpus having been made on his behalf, the writ was issued returnable on 8 Nov. 1627. The case came on for argument on 15 Nov. Meanwhile a warrant for Darnell's detention had been signed by two privy councillors, in which, however, no ground for confinement was alleged except the special command of the king. Darnell was represented by Serjeant, afterwards Sir John, Bramston [q. v.], but asked for time to consider his new position, which being granted, he was remanded. The cases of his four comrades, Corbet, Earl, Heveringham, and Hampden, were proceeded with, Bramston, Noy, Calthorpe, and Selden being for the applicants, and the attorney-general, Heath, representing the crown. On 22 Nov. Chief-justice Hyde gave judgment, in which his colleagues Dodderidge, Jones, and Whitelocke concurred, to the effect that the returns to the writs were sufficient. The prisoners remained in custody until 29 Jan. 1627-8, when they were released. Darnell was living in 1634, and died before 1640. By his wife Sara, daughter of Thomas Fisher, and sister of Sir Thomas Fisher, bart., he had no male issue. His estates were in Lincolnshire.

[Nichols's Progresses (James I), iii. 722; Cal. State Papers, Dom. (1627-8), p. 81 (1633-4), p. 233; Cobbett's State Trials, ii. 4, 51; Burke's Baronetage.]

J. M. R.