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.
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