The Kings Answer is thus:
BEcause that this Article is an Article of the Grand Charter, the King wills that this be done, as the Petition doth De∣mand.
By this appeareth, that per Legem terrae in Mag∣na Charta, is meant by due Process of the Law.
Thus your Lordships have heard Acts of Par∣liament in the point, but the Statute of Westmin∣ster, cap. 15. is urged to disprove this Opinion, where it is expresly said, That a man is not replieve∣able, who is committed by the command of the King. Therefore the Command of the King, without a∣ny Cause shewed, is sufficient to commit a man to Prison. And because the strength of the Argu∣ment may appear, and the Answer be better un∣derstood, I shall read the words of the Statute, which are thus;
And forasmuch as Sheriffs and others, which have taken and kept in Prison persons detected for F••lony, and oftentimes have left out by Repleivin such as were not replevisable, and kept in Prison such as were replevisable, because they would gain by the one, and grieve the other: And forasmuch as before this time, it was not certainly determined what persons were replevisable, and what not, but only those that were taken for the death of a man, or by the command∣ment of the King, or of his Justices, or for the Forest, it is provided, and by the King commanded, That such persons as were before outlawed, and they which have abjured the Realm, Provers and such as be taken with the Manner; and those which have broken the King's Prison, Thieves openly defamed and known, and such as be appealed by Provers, so long as the Provers be living, if they be not of good name; and such as be taken for burning of Houses, feloniously done; or for false Money, or for counterfeiting the King's Seal; or persons excommunicate taken at the request of the Bishop, or for manifest Offences, or for Treason, or for Treason ••••uching the King himself, shall be in no wise replevisable, by the Common Writ, or without Writ, but such as be Indicted of Larcenie, by Inquests taken before Sheriffs or Bailiffs by their Office, or of light suspicion, or for petty Larcenie, that amount∣eth not above the value of Twelve pence, if they were not guilty of some Larcenie beforetime, or guilty of re∣ceipt of Felons, or of Commandment, or of Force, or of Aid in Felony done, or guilty of some other Tres∣pass, for which one ought to loose life or member, and a man appealed by a Prover, after the death of the Pro∣ver, if he be no common Thief nor defamed, shall from henceforth be let out by sufficient Surety, whereof the Sheriff will be answerable, and that without giving any of their ••oods; and if the Sheriff, or any other, let any go at large by Surety that is not replevisable, if he be Sheriff or Constable, or any other Bailiff, or such as have Fee, which hath keeping of Prisons, and there∣of be attainted, he shall loose his Office and Fee for ever.
And if the Ʋnder-Sheriff, Constable or Bailiff, or such as have Fee for keeping of Prisons, do it contrary to the will of his Lord, or any other Bailiff being not of Fee, they shall have three years Imprisonment, and make a Fine at the King's pleasure. And if any with∣hold Prisoners replevisable, after they have offered suf∣ficient Surety, he shall pay a grievous Amerciament to the King; and if he take any Reward for the delive∣rance