Whatever might be the fate of these schemes the new Council and the new ministry gave fair hope of a wise and patriotic government. But the difficulties were still great. The nation was frenzied with suspicion and panic. The elections to the new Parliament had taken place amidst a whirl of excitement which left no place for candidates of the Court. The appointment of the new ministry indeed was welcomed with a general burst of joy, and its policy and that of the two Houses showed at once that a more liberal spirit had entered into public affairs. In two remarkable acts of the new Parliament English freedom made an advance even on the work of 1641. From the moment when printing began to tell on public opinion it had been gagged by a system of licenses. The regulations framed under Henry the Eighth subjected the press to the control of the Star Chamber, and the Martin Marprelate libels brought about a yet more stringent control under Elizabeth. Even the Long Parliament laid a heavy hand on the press, and the great remonstrance of Milton in his "Areopagitica" fell dead on the ears of his Puritan associates. But the statute for the regulation of printing which was passed immediately after the Restoration expired finally in 1679 and the temper of the present Parliament at once put an end to any attempt at re-establishing the censorship. To the new freedom of the press the Habeas Corpus Act added new security for the personal freedom of every Englishman. Against arbitrary imprisonment provision had been made in the earliest ages by a famous clause in the Great Charter. No free man could be held in prison save on charge or conviction of crime or for debt; and every prisoner on a criminal charge could demand as a right from the court of King's Bench the issue of a writ of "habeas corpus," which bound his gaoler to produce both the prisoner and the warrant on which he was imprisoned that the court might judge whether he was imprisoned according to law. In cases, however, of imprisonment on a warrant of the royal Council it had been sometimes held by judges that the writ could not be issued, and under Clarendon's administration instances had in this way occurred of imprisonment without legal remedy. But his fall was quickly followed by the introduction of a bill to secure this right of the subject, and after a long struggle the Act which is known as the Habeas Corpus Act passed finally in the Parliament of 1679. By this great statute the old practice of the law was freed from all difficulties and exceptions. Every prisoner committed for any crime save treason or felony was declared entitled to his writ even in the vacations of the courts, and heavy penalties were enforced on judges or gaolers who refused him this right. Every person committed for felony or treason was entitled to be released on bail unless indicted at the next session of gaol-delivery after his commitment, and to be discharged if not indicted at the sessions which followed. It was forbidden under the heaviest penalties to evade this operation of the writ as it had been evaded under Clarendon by sending a prisoner to any places or fortresses beyond the seas.
Rivers Report
History of the English People, Volume VI (of 8) — Part 131
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