FIVE KNIGHTS' CASE 



3183 



FIVES 



appearance a Magyar-Italian city, 

 though the bulk of the shipping 

 was owned and manned by Croats. 

 Since the Great War its posses- 

 sion has become a burning question. 

 Though not assigned to Italy by 

 the Treaty of London (April, 1916) 

 it was claimed as Italian because it 

 contained a majority of Italian - 

 speaking inhabitants. The Croats, 

 and on their behalf the new Serb- 

 Croat-Slovene government, claimed 

 it as a Southern Slav port as 

 being historically Croatian, further 

 claiming that with the suburb of 

 Sushak it was inhabited by a ma- 

 jority of Southern Slavs. 



The feeling between Yugo-Slavia 

 and Italy as to its possession be- 

 came more strained. The latter 

 maintained it was the most vital 

 port on the Adriatic and was neces- 

 sary for her. Matters came to a 

 head when on Sept. 11, 1919, 

 Gabriele d'Annunzio, at the head 

 of the Italian volunteers, seized 

 Fiume and set up a national council 

 or provisional government. On Nov. 

 12, 1920, the Treaty of Rapallo, 

 signed by the representatives of 

 Italy and Yugo-Slavia, established 

 an independent state of Fiume 

 which was to be slightly larger than 

 the independent administrative 

 district formerly incorporated in 

 Hungary; and provided that the 

 new territory should be delimited 

 by a commission. The insurgents 

 in Fiume denounced the treaty, 

 and d'Annunzio declared that 

 Fiume was in a state of war with 

 Italy. The government of the lat- 

 ter expelled the insurgents in Dec., 

 1920, and in 1923 Fiume was an- 

 nexed by Italy with the consent 

 of Yugo-Slavia. See Annun/io, 

 Gabriele d' ; Italy ; Yugo-Slavia ; 

 N. V. Consult also Abridged Politi- 

 cal History of Rieka (Fiume), F. 

 gisic, 1919. 



Five Knights' Case, THE. Trial 

 in the court of king's bench, Nov. 

 22, 1627. Sir Thomas Darnell,with 

 four other knights, Corbet, Earl, 

 Hampden, and Heveningham, had 

 been committed to the Fleet prison 

 the previous March by warrant 

 signed only by the attorney -general 

 for refusing payment of the forced 

 loan raised by King Charles I. 

 They applied for a writ of Habeas 

 Corpus, demanding that the war- 

 den of the fleet should bring them 

 before the court of king's bench 

 and specify the cause of their com- 

 mittal. " 



The case came on for argument 

 Nov. 22, 1627, when the gaoler re- 

 turned that they were imprisoned 

 by the king's special command, i.e. 

 for no stated offence, and the court, 

 presided over by Chief Justice 

 Hyde, decided, Nov. 28, that this 

 was sufficient ground for commit- 



tal. The prisoners did not deny the 

 right of the crown to imprison 

 in certain circumstances without 

 showing cause, but pleaded that 

 they were imprisoned for refusing 

 to subscribe to the forced loan, of 

 which they denied the legality. 

 See Forced Loan. 



Five Members. Specially, the 

 five members of Parliament whom 

 Charles I tried to arrest, Jan. 4, 

 1642. The relations between the 

 two parties were very strained 

 when the king ordered the attor- 

 ney-general to prepare articles of 

 impeachment against the five : 

 John Hampden, John Pym, Denzil 

 Holies, Sir Arthur Hazlerigg, and 

 William Strode. This was done, one 

 of the charges being that of levying 

 war against the king, and the 

 House of Lords was asked to order 

 their arrest, a necessary prelim- 

 inary to their trial before that body. 

 This the peers refused to do, so the 

 king went with the serjeant-at- 

 arms to do it himself ; with him 

 were about 300 attendants. 



He entered the house just as the 

 warned members had escaped by 

 river to the city, and asked the 

 Speaker for them. The latter, 

 Lenthall, replied that he could 

 only do as the house directed him, 

 to which the king answered, " I see 

 all the birds are flown." Next day 

 Charles went to the city, but again 

 he failed to secure the five. The 

 impeachment was declared illegal. 



On the llth the members returned 

 to Westminster, a great concourse 

 of people, both on the river and 

 on the banks, cheering their arrival. 



Five Mile Act. Act passed in 

 1665 which forbade those ministers 

 who had been expelled from their 

 livings in 1662 from residing within 

 five miles of any corporate town or 

 teaching in any school. They could 

 only obtain relief by subscribing to 

 the Act of Uniformity and taking 

 an oath that resistance to the king 

 was unlawful. The Act was part of 

 the Clarendon Code, and became 

 inoperative by lapse of time. 



Five Nations. Name given to 

 the Indian nation of the Iroquois, 

 because it consisted of five tribes. 

 These were Mohawks, Oneidas, 

 Cayugas, Onondayas, and Senecas. 

 Early in the 18th century they 

 were joined by the Tuscaroras and 

 were known as the Six Nations. (See 

 Iroquois). It is also the name of a 

 volume of poems by Rudyard 

 Kipling, the five nations being the 

 five chief members of the British 

 Empire. 



Fives. Game of handball. It is 

 played either with the bare hand or 

 with gloves, though at the present 

 time almost invariably with the 

 latter. The derivation of the word 

 fives is"' doubtful, although various 

 suggestions have been made that it 

 is so called from the five fingers 

 of the hand, or that it was played 

 by five people on each side. 





Fives. An Eton game in progress, illustrating the construction of the court. 

 Above, about to volley for the pepper-box 



