ted out a defect in the act, seemingly of the most
dangerous consequence to the liberty of the subject. In order to remedy
this defect, a bill for giving a more speedy relief to the subject, upon
the writ of _habeas-corpus_, was prepared, and presented to the house
of commons, which formed itself into a committee, and made several
amendments. It imported, that the several provisions made in the
aforesaid act, passed in the reign of Charles II. for the awarding of
writs of _habeas-corpus_, in cases of commitment or detainer for any
criminal or supposed criminal matter, should, in like manner, extend
to all cases where any person, not being committed or detained for any
criminal or supposed criminal matter, should-be confined, or restrained
of his or her liberty, under any colour or pretence whatsoever; that,
upon oath made by such person so confined or arrested, or by any other
on his or her behalf, of any actual confinement or restraint, and that
such confinement or restraint, to the best of the knowledge and belief
of the person so applying, was not by virtue of any commitment
or detainer for any criminal or supposed criminal matter, an
_habeas-corpus_, directed to the person or persons so confining or
restraining the party, as aforesaid, should be awarded and granted,
in the same manner as is directed, and under the same penalties as are
provided by the said act, in the case of persons committed and detained
for any criminal or supposed criminal matter; that the person or persons
before whom the party so confined or restrained should be brought, by
virtue of any _habeas-corpus_ granted in the vacation time, under the
authority of this act, might and should, within three days after the
return made, proceed to examine into the facts contained in such return,
and into the cause of such confinement and restraint; and thereupon
either discharge, or bail, or remand the parties so brought, as the case
should require, and as to justice should appertain. The rest of the
bill related to the return of the writ in three days, and the penalties
incurred by those who should neglect or refuse to make the due return,
or to comply with any other clause of this regulation. The commons
seemed hearty in rearing up this additional buttress to the liberty
of their fellow-subjects, and passed the bill with the most laudable
alacrity; but in the house of lords such a great number of objections
were started, that it sunk at the second reading,