1st June 1679. be transported into any parts beyond the Seas. This Act or any thing therein contained to the contrary notwithstanding. Proviso reXIV. PROVIDED alsoe and bee it enacted That nothing specting Imprisonment of herein contained shall be deemed construed or taken to Persons before extend to the Imprisonment of any person before the First day of June One thousand sixe hundred seaventy and nine or any thing advised procured or otherwise done relateing to such Imprisonment. Any thing herein contained to the contrary notwithstanding. After Assizes Persons detained may have Habeas Corpus. XV. PROVIDED alsoe That if any person or persons at any time resiant in this Realme shall have committed any Capitall Offence in Scotland or Ireland or any of the Islands or Forreigne Plantations of the King His Heires or Successors where he or she ought to be tryed for such Offence such person or persons may be sent to such place there to receive such Tryall in such manner as the same might have beene used before the makeing of this Act Any thing herein contained to the contrary notwithstanding. XVI. PROVIDED alsoe and bee it enacted That noe person or persons shall be sued impleaded molested or troubled for any Offence against this Act unlesse the Partie offending be sued or impleaded for the same within Two yeares at the most after such time wherein the Offence shall be committed [in case the partie grieved shall not be then in Prison and if he shall be in Prison then within the space of Two yeares] after the decease of the Person imprisoned or his or her delivery out of Prison which shall first happen. XVII. AND to the intent noe person may avoid his Tryall at the Assizes or Generall Goale-Delivery by procureing his Removeall before the Assizes at such time as he cannot be brought backe to receive his Tryall there Bee it enacted That after the Assizes proclaimed for that County where the Prisoner is detained noe person shall be removed from the Common Goale upon any Habeas Corpus granted in pursuance of this Act but upon any such Habeas Corpus shall be brought before the Judge of Assize in open Court who is thereupon to doe what to Justice shall appertaine. XVIII. PROVIDED nevertheless That after the Assizes are ended any person or persons detained may have his or her Habeas Corpus according to the Direction and Intention of this Act. XIX. AND bee it also enacted by the Authoritie aforesaid That if any Information Suite or Action shall be brought or exhibited against any person or persons for any Offence committed or to be committed against the Forme of this Law it shall be lawfull for such Defendants to pleade the Generall Issue that they are not guilty or that they owe nothing and to give such speciall matter in Evidence to the Jury that shall try the same which matter being pleaded had beene good and sufficient matter in Law to have discharged the said Defendant or Defendants against the said Information Suite or Action and the said matter shall be then as availeable to him or them to all intents and purposes as if he or they had sufficiently pleaded sett forth or alledged the same matter in Barr or Discharge of such Information Suite or Action. XX. AND because many times Persons charged with Petty Treason or Felony or as Accessaries thereunto are committed upon Suspicion onely whereupon they are Baileable or not according as the Circumstances makeing out that Suspicion are more or lesse weighty which are best knowne to the Justices of Peace that committed the persons and have the Examinations before them or to other Justices of the Peace in the County Bee it therefore enacted That where any person shall appeare to be committed by any Judge or Justice of the Peace and charged as Accessary before the Fact to any Petty Treason or Felony or upon Suspicion thereof or with Suspicion of Petty Treason or Felony which Petty Treason or Felony shall be plainely and specially expressed in the Warrant of Committment that such Person shall not be removed or bailed by vertue of this Act or in any other manner then they might have beene before the makeing of this Act. The Statutes of the Realm, V. 935-938. 31° Car. II. c. 2. APPENDIX D LIST OF AUTHORS CITED This list includes every work from which citations have been made, in the edition used. The names of the publishers are inserted for all copyright material; and the thanks expressed in the Preface for the privilege of using the extracts are here gratefully repeated. Charles Francis Adams. Imperialism and the Tracks of our Forefathers. Boston, Dana Estes & Co., 1899. John Adams. Works. (Edited by Charles Francis Adams.) 10 vols. Boston, 1850-1856. John Adams and Abigail Adams. Familiar Letters during the Revolution. (Edited by Charles Francis Adams.) New York, Hurd & Houghton, 1876. John Quincy Adams. Memoirs. (Edited by Charles Francis Adams). 12 vols. Philadelphia, Lippincott, 1874-1877. American Historical Review. 5 vols. New York, Macmillan, 1896-1900. Americans as Men, British Subjects, and as Colonists are Stated and Anonymous. A Plain State of the Argument between Great Britain and her Anonymous. Proposals for Uniting the English Colonies on the Continent of America so as to enable them to act with Force and Vigour against their Enemies. London, 1757. Walter Bagehot. English Constitutional History. Oxford, Clarendon Press, 1891. Frederic Bancroft. Life of William H. Seward. 2 vols. New York, Harper, 1900. George Bancroft. A History of the United States. (Author's Last Revision.) 6 vols. New York, Appleton, 1883-1885. Thomas Hart Benton. Historical and Legal Examination of... the Decision of the Supreme Court of the United States in the Dred Scott Case. New York, Appleton, 1851. Horace Binney. An Inquiry into the Formation of Washington's Farewell Address. Philadelphia, Parry & Macmillan, 1859. William Blackstone. Commentaries. (Edited by William Draper Lewis.) 2 vols. Nor 4 books. Philadelphia, Welsh, Rees & Co., 1897. James G. Blaine. Twenty Years of Congress, 1861-1881. wich, Henry Bill Publishing Co., 1884. Charles Borgeaud. Adoption and Amendment of Constitutions in Europe and America. (Translated by Charles D. Hazen.) New York, Macmillan, 1895. Charles Borgeaud. The Rise of Modern Democracy in Old and New England. (Translated by Mrs. Birkbeck Hill.) London, Swan, Sonnenschein & Co., and New York, Scribner, 1894. Emile Boutmy. The English Constitution. (Translated by Isabel M. Eaden.) London and New York, Macmillan, 1891, James Bryce. The American Commonwealth. Abridged edition. New York, Macmillan, 1896. Edmund Burke. Works. 9 vols. Boston, 1839. Gilbert Burnet. History of His Own Time. 2 vols. London, 1724–1734. Jacob Burnet. Notes on the Early Settlement of the Northwestern Territory. New York, 1847. Thomas Carlyle. Oliver Cromwell's Letters and Speeches, with Elucidations. 4 vols. New York, Scribner, 1897. Francis Bicknell Carpenter. Six Months at the White House with Abraham Lincoln. New York, Hurd & Houghton, 1866. Edward Channing. Students' History of the United States. New York, Macmillan, 1898. Jeremiah Chaplin. Words of our Hero, Ulysses S. Grant. Boston, Lothrop, 1885. Salmon Portland Chase. A Sketch of the History of Ohio. Cincinnati, 1833. William Cobbett. The Parliamentary History of England, from the Earliest Period to the Year 1803. 36 vols. London, 1806-1820. (Usually called "Hansard's Parliamentary History.") Charles Carleton Coffin. Freedom Triumphant: Fourth Period of the War of the Rebellion, Sept., 1864, to close. New York, Harper, 1891. Congressional Globe. 109 vols. Washington, 1835-1873. Congressional Record. 33 vols. in 192. Washington, 1873-1900. Bartholomew de Cotton. Historia Anglicana. (Edited by Henry Richards Edward Shepherd Creasy. Rise and Progress of the English Constitution. New York, Appleton, 1859. Benjamin Robbins Curtis. Reports of Decisions in the Supreme Court of the United States. With Notes and a Digest. 23 vols. Boston, Little & Brown, 1881. George Ticknor Curtis. Constitutional History of the United States. New York, Harper, 1889. William Parker Cutler and Julia Perkins Cutler. Life, Journals, and Correspondence of Rev. Manasseh Cutler. 2 vols. Cincinnati, Robert Clarke & Co., 1888. Richard Henry Dana. Wheaton's Elements of International Law. Boston, Little, Brown & Co., 1366. Albert Venn Dicey. Lectures Introductory to the Study of the Law of the Constitution. London, Macmillan, 1885. Jeremiah Dummer. A Defence of the New England Charters. London, 1721. William Archibald Dunning. Essays on the Civil War and Reconstruction and Related Topics. New York, etc., Macmillan, 1898. Edinburgh Review. 192 vols. London, Longmans, 1806-1900. H. St. Clair Fielden. A Short Constitutional History of England. (Edited by W. Gray Etheridge.) London, Blackwell; Boston, Ginn, 1895. Sidney George Fisher. The Evolution of the Constitution of the United States. Philadelphia, Lippincott, 1897. John Fiske. The American Revolution. 2 vols. Boston, Houghton, Mifflin & Co., 1892. John Fiske. The Critical Period of American History, 1783-1789. Boston, Houghton, Mifflin & Co., 1899. Henry Jones Ford. The Rise and Growth of American Politics. New York, Macmillan, 1898. Paul Leicester Ford. Pamphlets on the Constitution. Brooklyn, P. L. Ford, 1888. John Forster. Eminent British Statesmen. London, 1837. and New York, Macmillan, 1892. London, 1741. Fourth Series. London Samuel Rawson Gardiner. Constitutional Documents of the Puritan Revolution, 1628-1660. 2 vols. Oxford, Clarendon Press, 1889. Samuel Rawson Gardiner. Student's History of England. London and New York, Longmans, 1895. Franklin Henry Giddings. Democracy and Empire. New York, Macmillan, 1900. Daniel Coit Gilman. James Monroe. (American Statesmen Series.) Boston, Houghton, Mifflin & Co., 1883. William Ewart Gladstone. Gleanings of Past Years. 7 vols. London, John Murray; New York, Scribner, 1878. Rudolph von Gneist. History of the English Parliament. London, Clowes; New York, Putnam, 1892. Ulysses Simpson Grant. Personal Memoirs. 2 vols. New York, Charles L. Webster & Co., 1886. Horace Greeley. The American Conflict. 2 vols. Hartford, O. D. Case & Co., 1864-1867. |