Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/153

Ch. 1. dicharge, or on any other fair account, eals a bond or a deed, this is not by dures of imprionment, and he is not at liberty to avoid it. To make imprionment lawful, it mut either be by proces from the courts of judicature, or by warrant from ome legal officer having authority to commit to prion; which warrant mut be in writing, under the hand and eal of the magitrate, and expres the caues of the commitment, in order to be examined into (if neceary) upon a . If there be no caue expreed, the goaler is not bound to detain the prioner. For the law judges in this repect, aith ir Edward Coke, like Fetus the Roman governor; that it is unreaonable to end a prioner, and not to ignify withal the crimes alleged againt him.

and regular conequence of this peronal liberty, is, that every Englihman may claim a right to abide in his own country o long as he pleaes; and not to be driven from it unles by the entence of the law. The king indeed, by his royal prerogative, may iue out his writ , and prohibit any of his ubjects from going into foreign parts without licence. This may be neceary for the public ervice, and afeguard of the commonwealth. But no power on earth, except the authority of parliament, can end any ubject: of England out of the land againt his will; no not even a criminal. For exile, or tranportation, is a punihment unknown to the common law; and, wherever it is now inflicted, it is either by the choice of the criminal himelf, to ecape a capital punihment, or ele by the expres direction of ome modern act of parliament. To this purpoe the great charter declares, that no freeman hall be banihed, unles by the judgment of his peers, or by the law of the land. And by the  act, 31 Car. II. c. 2. (that econd , and table bulwark of our liberties) it is enacted, that no ubject of this realm, who is an inhabitant of England, Wales, or Berwick, hall be ent prioner into Scotland, Ireland, Jerey, Guerney, or places beyond the eas; (where Rh