12 Assembly Proceedings, September 20-26, 1693.

Original
Journal.

Truth of the said Complaint, Cap^t Hoskins is sent to M^r
Mason High Sherriffe of this County to require his appeare-
ance here.
M^r Hoskins returnes and M^r Mason appeares before the
Cofnittee.
And upon debateing the first Quaere exhibited by the s^d S^r
Thomas & haueing received from M^r Mason Satisfaction of
the Truth of the same doe unanimously agree & report that
the Summoning the said S^r Thomas to appeare & answer to
Certaine Crimes and upon his appeareance comitting him
Close prisoner is an absolute Violation of the liberties & privi-
lidges of the Kings Subjects and derogation to their Maj^ties
Courts of Justice and ag^l the Tenor of the Statute of the 25^th
of Edward the 3^d.
Upon reading the second quaere of agrievance this Cofnittee
are of Opinion that as the Comittm^t was unlawfull soe was the
detainder but not Absolutely in the Sherriffe he being a Ser-
vant bound by his place & Oath to Execute all precepts pro-
cess &c: And it appeares to us the said Sherriffe had a pre-
cept &c.
To the third quaere this Cofnittee haue Examined the War-
rant, w^ch is affirmed by M^r Mason to the best of his knowledge
to be a True Coppy by which the s^d S^r Thomas was Comitted,
And therein wee find seu^rall Genall Charges but noe one par-
ticular Charge Exprest, for want of such particular Charge
the warrant was unlawfull which ought to Containe a particu-
lar Charge, as in Chambers case & Magna Carta.
Upon Reading the fourth quaere this Cofnittee doe resolve
that the Gouerno^r & Council! cannot Legally cofnitt any per-
son to be detained or otherwise disposed off by ord^r of Coun-
cill, but that it is the liberty of the Subject to be delivered
according to Course of Law, & that such Comittm^t was Con-
trary to the Course of Law, and of manifest Violation to the
Subjects libertyes & priviledges Quaere Magna Carta
Cap: 29.
To the ffifth quaere This Cofnittee are of Opinion that the
Subject of this Province ought not to be denyed but to haue
their habeas Corpus granted them according to Law, the
denyall of which is the Oppression to the Subject & Contrary
to the Stat 16: K: C. I: Cap: 10^th.
To the sixth quaere this Comittee are of opinion that any
person may be imprisoned in any other County then the
County where the Supposed fact cofnitted, if taken flyeing or
other wise escaped into another County, but if taken where
the supposed fact cofnitted ought not to be imprisoned in any
other County, but where the Supposed fact Comitted, or
Taken.