Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
beyond the strict limits of the kingdom of England;[26] and this
power, which might admit of some question, is sanctioned by a
declaratory clause of the present statute. Another section enacts,
that "no subject of this realm that now is, or hereafter shall be, an
inhabitant or resiant of this kingdom of England, dominion of Wales,
or town of Berwick-upon-Tweed, shall be sent prisoner into Scotland,
Ireland, Jersey, Guernsey, Tangier, or into parts, garrisons, islands,
or places beyond the seas, which are, or at any time hereafter shall
be, within or without the dominions of his majesty, his heirs, or
successors," under penalties of the heaviest nature short of death
which the law then knew, and an incapacity of receiving the king's
pardon. The great rank of those who were likely to offend against this
part of the statute was, doubtless, the cause of this unusual
severity.
But as it might still be practicable to evade these remedial
provisions by expressing some matter of treason or felony in the
warrant of commitment, the judges not being empowered to enquire into
the truth of the facts contained in it, a further security against any
protracted detention of an innocent man is afforded by a provision of
great importance; that every person committed for treason or felony,
plainly and specially expressed in the warrant, may, unless he shall
be indicted in the next term, or at the next sessions of general gaol
delivery after his commitment, be, on prayer to the court, released
upon bail, unless it shall appear that the Crown's witnesses could not
be produced at that time; and if he shall not be indicted and tried in
the second term or sessions of gaol delivery, he shall be discharged.
Public-domain text, read in full here on John Shaqi.
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