Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/151

Ch. 1. without ufficient caue; and, that in this kingdom it cannot ever be abridged at the mere dicretion of the magitrate, without the explicit permiion of the laws. Here again the language of the great charter is, that no freeman hall be taken or imprioned, but by the lawful judgment of his equals, or by the law of the land. And many ubequent old tatutes exprely direct, that no man hall be taken or imprioned by uggetion or petition to the king, or his council, unles it be by legal indictment, or the proces of the common law. By the petition of right, 3 Car. I, it is enacted, that no freeman hall be imprioned or detained without caue hewn, to which he may make anwer according to law. By 16 Car. I. c. 10. if any peron be retrained of his liberty by order or decree of any illegal court, or by command of the king’s majety in peron, or by warrant of the council board, or of any of the privy council; he hall, upon demand of his counel, have a writ of , to bring his body before the court of king’s bench or common pleas; who hall determine whether the caue of his commitment be jut, and thereupon do as to jutice hall appertain. And by 31 Car. II. c. 2. commonly called the act, the methods of obtaining this writ are o plainly pointed out and enforced, that, o long as this tatute remains unimpeached, no ubject of England can be long detained in prion, except in thoe caes in which the law requires and jutifies uch detainer. And, let this act hould be evaded by demanding unreaonable bail, or ureties for the prioner’s appearance, it is declared by 1 W. & M. t. 2. c. 2. that exceive bail ought not to be required.

great importance to the public is the preervation of this peronal liberty: for if once it were left in the power of any, the highet, magitrate to imprion arbitrarily whomever he or his officers thought proper, (as in France it is daily practiced by the crown) there would oon be an end to all other rights and immunities. Some have thought, that unjut attacks, even upon life, or property, at the arbitrary will of the magitrate, are les dan- gerous