… The exceptions which have been taken to this return were two; the one for the form, the other for the substance. … In our case the cause of the detention is sufficiently answered, which is the demand of the writ, and therefore we resolve that the form of this return is good.
The next thing is the main point in law, whether the substance or matter of the return be good or no: wherein the substance is this — he [the Warden] doth certify that they are detained in prison by the special command of the King; and whether this be good in law or no, that is the question. … [After examination of precedents] Then the precedents are all against you every one of them, and what shall guide our judgments, since there is nothing alleged in this case but precedents? That, if no cause of the commitment be expressed, it is to be presumed to be for matter of state, which we cannot take notice of; you see we find none, no, not one, that hath been delivered by bail in the like cases, but by the hand of the King or his direction. … We have looked upon that precedent that was mentioned by Mr. Attorney — the resolution of all the judges of England in 34 Eliz. … The question now is, whether we may deliver these gentlemen or not … and this resolution of all the judges teacheth us; and what can we do but walk in the steps of our forefathers? … If in justice we ought to deliver you, we would do it; but upon these grounds and these records, and the precedents and resolutions, we cannot deliver you, but you must be remanded.