of habeas corpus, by which the jailer
was directed to produce in court the body of the prisoner, (whence
the writ has its name,) and to certify the cause of his detainer and
imprisonment. If the jail lie within twenty miles of the judge, the
writ must be obeyed in three days; and so proportionably for greater
distances. Every prisoner must be indicted the first term after his
commitment, and brought to trial in the subsequent term. And no man,
after being enlarged by order of court, can be recommitted for the same
offence. This law seems necessary for the protection of liberty in a
mixed monarchy; and as it has not place in any other form of
government, this consideration alone may induce us to prefer our present
constitution to all others. It must, however, be confessed, that there
is some difficulty to reconcile with such extreme liberty the full
security and the regular police of a state, especially the police of
great cities. It may also be doubted, whether the low state of the
public revenue in this period, and of the military power, did not
still render some discretionary authority in the crown necessary to the
support of government.

During these zealous efforts for the protection of liberty no
complaisance for the crown was discovered by this parliament. The king's
revenue lay under great debts and anticipations: those branches granted
in the years 1669 and 1670 were ready to expire. And the fleet was
represented by the king as in great decay and disorder. But the commons,
instead of being affected by these distresses of the crown, trusted
chiefly to them for passing the exclusion bill, and for punishing and
displacing all the ministers who were obnoxious to them. They were
therefore in no haste to relieve the king; and grew only the more
assuming on account of his complaints and uneasiness. Jealous, however,
of the army, they granted the sum of two hundred and six thousand
pounds, which had been voted for disbanding it by the last parliament;
though the vote, by reason of the subsequent prorogation and
dissolution, joined to some scruples of the lords, had not been carried
into an act. This money was appropriated by very strict clauses but the
commons insisted not, as formerly, upon its being paid into the chamber
of London.

The impeachment of the five Popish lords in the Tower, with that of the
earl of Danby, was carried on with vigor. The power of this minister,
and his credit with the king, rendered him