affirm there never was in any statute relative to bail) the legislature would grossly contradict themselves, and the manifest intention of the law be evaded. It is an established rule, that, when the law is special, and reason of it general, it is to be generally understood; and though, by custom, a latitude be allowed to the court of king's bench, (to consider circumstances inductive of a doubt, whether the prisoner be guilty or innocent) if this latitude be taken as an arbitrary power to bail, when no circumstances whatsoever are alleged in favour of the prisoner, it is a power without right, and a daring violation of the whole English law of bail.
The act of the 31st of Charles the Second (commonly called the Habeas Corpus act) particularly declares, that it is not meant to extend to treason or felony, plainly and specially expressed in the warrant of commitment. The prisoner is therefore left to seek his Habeas Corpus at common law . and so far was the legislature from supposing that persons (committed for treason or felony, plainly and specially expressed in the warrant of commitment) could be let to bail by a
