Ephemeris parliamentaria, or, A faithfull register of the transactions in Parliament in the third and fourth years of the reign of our late Sovereign Lord, King Charles containing the severall speeches, cases and arguments of law transacted between His Majesty and both Houses : together with the grand mysteries of the kingdome then in agitation.

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 demand.

By this it appeareth that per legem terrae in Magna Charta, is meant by due processe of the Law.

Thus your Lordships have heard Acts of Parliament in the point. But the Statute of Westm. the 1. ca. 15. is urged to disprove this opini∣on, where it is expresly said, That a man is not replevisable who is committed by the command of the King, without any cause shewn, which is therefore sufficient to commit a man to prison. And because the strength of the Argument may appeares and the answer be better understood, I shall read the words of the Statute, which is thus.

And for as much as Sheriffs and others have taken and kept in prison such as were replevisable, and have let out by plevin such as were not replevisable, because they would gaine of the one partie, and

grieve the other; And forasmuch as before this time it was not cer∣tainly determined what persons were replevisable and what not, but only those that were taken for the death of a man, or by Command∣ment of the King, or of his Justices, or for the Forrest; It is provided, and by the King commanded, that such prisoners as were before out∣lawed, and they which have abjured the Realme, Provors, and such as be taken with the manner, and those which have broken the Kings pri∣son, Thieves openly defamed and known, and such as be appealed by Provors so long as the Provor be living, if they be not of good name, and such as be taken for burning of houses, felloniously done, or for false money, or for counterfeiting the Kings Seal, or persons excommu∣nicated taken at the request of the Bishops, or for manifest offences, or for Treason touching the King himself, shall be in no case replevisable by the common writ or without writ.

But such as be indicted of larceny by inquests taken before Sheriffs or Bailiffs by their office, or for light suspicion, or for petty-larceny that amounteth not to above the value of 12 pence, if they were not guilty of some other larceny aforetime, or guilty of receipt of fellons, or of com∣mandment or force or of aid in felony done, or guilty of some other trespasse for which one ought not to loose life or member, and a man appealed by a Provor after the death of a Provor, if he be no common thief, or defamed; shall from henceforth be let out by sufficient suretie, whereof the Sheriff will be answerable, and that without giving ought of their goods.

And if the Sheriff or any other let any go at large by suretie that is not replevisable, if he be Sheriff or Constable, or any Bailiffe of fee which hath keeping of prisoners, and thereof be attainted, he shall loose his ••ee and office for ever.

And if the under-Sheriff, Constable or Bailiffe, of such as have fee for keeping of prisons do it contrarie to the will of his Lord, or any other Bailiffe being not of fee, they shall have three yeares imprisonment, and make Fine at the Kings pleasure. And if any hold prisoners replevisa∣ble after they have offered sufficient sureties, he shall pay a grievous a∣mercement to the King. And if he take any reward for the deliverance of such, he shall pay double to the prisoner, and also shall pay a grie∣vous amercement to the King.