limited by a consideration of circumstances. I say this, without the least intended disrespect to the learned author. His work is of public utility, and should not hastily be condemned.
The statute of 17 Richard II. cap. 10, 1393, sets forth, that, "Forasmuch as thieves notoriously defamed, and others taken with the maner, by their long abiding in prison, were delivered by charters and favourable inquests procured, to the great hinderance of the people, two men of law shall be assigned, in every commission of the peace to proceed to the deliverance of such felons, &c." It seems, by this act, that there was a constant struggle between the legislature and the officers of justice. Not daring to admit felons taken with the maner to bail or mainprize, they evaded the law, by keeping the party in prison a long time, and then delivering him without due trial.
The statute of 1 Richard III. in 1483, sets forth that, "Forasmuch as divers persons have been daily arrested and imprisoned for suspicion of felony, sometime of malice, and sometime of a light suspicion, and so kept in prison without bail or mainprize, be it
