To complete this historical inquiry, it only remains to be observed, that the Habeas Corpus act of 31st of Charles the second, so justly considered as another Magna Charta of the kingdom[1] "extends only to the case of commitments for such criminal charge as can produce no inconvenience to public justice by a temporary enlargement of the prisoner."—So careful were the legislature, at the very moment when they were providing for the liberty of the subject, not to furnish any colour or pretence for violating or evading the established law of bail in higher criminal offences. But the exception, stated in the body of the act, puts the matter out of all doubt. After directing the judges how they are to proceed to the discharge of the prisoner upon recognizance and surety, having regard to the quality of the prisoner and nature of the offence, it is expressly added, "unless it shall appear to the said Lord Chancellor, &c. that the party so committed is detained for such matters or offences, for the which, by the law, the prisoner is not bailable."
- ↑ Blackstone, 4. 137.
