without ſufficient cauſe; and, that in this kingdom it cannot ever be abridged at the mere diſcretion of the magiſtrate, without the explicit permiſſion of the laws. Here again the language of the great charter[1] is, that no freeman ſhall be taken or impriſoned, but by the lawful judgment of his equals, or by the law of the land. And many ſubſequent old ſtatutes[2] expreſſly direct, that no man ſhall be taken or impriſoned by ſuggeſtion or petition to the king, or his council, unleſs it be by legal indictment, or the proceſs of the common law. By the petition of right, 3 Car. I, it is enacted, that no freeman ſhall be impriſoned or detained without cauſe ſhewn, to which he may make anſwer according to law. By 16 Car. I. c. 10. if any perſon be reſtrained of his liberty by order or decree of any illegal court, or by command of the king’s majeſty in perſon, or by warrant of the council board, or of any of the privy council; he ſhall, upon demand of his counſel, have a writ of habeas corpus, to bring his body before the court of king’s bench or common pleas; who ſhall determine whether the cauſe of his commitment be juſt, and thereupon do as to juſtice ſhall appertain. And by 31 Car. II. c. 2. commonly called the habeas corpus act, the methods of obtaining this writ are ſo plainly pointed out and enforced, that, ſo long as this ſtatute remains unimpeached, no ſubject of England can be long detained in priſon, except in thoſe caſes in which the law requires and juſtifies ſuch detainer. And, leſt this act ſhould be evaded by demanding unreaſonable bail, or ſureties for the priſoner’s appearance, it is declared by 1 W. & M. ſt. 2. c. 2. that exceſſive bail ought not to be required.
Of great importance to the public is the preſervation of this perſonal liberty: for if once it were left in the power of any, the higheſt, magiſtrate to impriſon arbitrarily whomever he or his officers thought proper, (as in France it is daily practiced by the crown) there would ſoon be an end to all other rights and immunities. Some have thought, that unjuſt attacks, even upon life, or property, at the arbitrary will of the magiſtrate, are leſs dan-
