all Persons imprisoned for any such Criminal, or supposed
Criminal Matters: (2.) Be it Enacted by the King's most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal and Commons in this present
Parliament assembled, and by the Authority thereof, that
whensoever any Person or Persons shall bring any Habeas Corpus
directed unto any Sheriff, or Sheriffs, Gaoler, Minister, or
other Person whatsoever, for any Person in his or their
Custody, and the said Writ shall be served upon the said
Officer, or left at the Gaol or Prison, with any of the under
Officers, under Keepers, or Deputy of the said Officers or
Keepers, that the said Officer or Officers, his or their Under
Officers, Under Keepers or Deputies, shall within three Days
after the Service thereof, as aforesaid (unless the Commitment
aforesaid were for Treason or Felony, plainly and specially
expressed in the Warrant of Commitment), upon Payment or
Tender of the Charges of bringing the said Prisoner, to be
ascertained by the Judge or Court that awarded the same, and
endorsed upon the said Writ, not exceeding Twelve-pence per
Mile, and upon Security given by his own Bond, to pay the
Charges of carrying back the Prisoner, if he shall be remanded
by the Court or Judge, to which he shall be brought, according
to the true Intent of this present Act, and that he will not
make any Escape by the way, make Return of such Writ. (3.) And
bring or cause to be brought the Body of the Party so
committed or restrained, unto or before the Lord Chancellor,
or Lord Keeper of the Great Seal of England for the time
being, or the Judges or Barons of the said Court from whence
the said Writ shall Issue, or unto and before such other
Person or Persons before whom the said Writ is made
returnable, according to the Command thereof. (4.) And shall
then likewise certifie the true causes of his Detainer, or
Imprisonment, unless the commitment of the said party be in
any place beyond the Distance of twenty Miles from the Place
or Places where such Court or Person is, or shall be residing;
and if beyond the Distance of twenty Miles, and not above One
Hundred Miles, then within the Space of Ten Days, and if
beyond the Distance of One Hundred Miles, then within the
space of Twenty Days, after such Delivery aforesaid, and not
longer.
III. And to the Intent that no Sheriff, Gaoler or other
Officer may pretend Ignorance of the Import of any such Writ,
(2.) Be it enacted by the Authority aforesaid, That all such
Writs shall be marked in this manner, Per Statutum Tricesimo
Primo Caroli Secundi Regis, and shall be signed by the Person
that awards the same. (3.) And if any Person or Persons shall
be or stand committed or detained, as aforesaid, for any
Crime, unless for Felony or Treason, plainly expressed in the
Warrant of Commitment, in the Vacation-time, and out of Term,
it shall and may be lawful to and for the Person or Persons so
committed or detained (other than Persons convict, or in
Execution by legal Process) or anyone on his or their Behalf,
to appeal, or complain to the Lord Chancellor, or Lord Keeper,
or anyone of His Majesty's Justices, either of the one Bench,
or of the other, or the Barons of the Exchequer of the Degree
of the Coif. (4.) And the said Lord Chancellor, Lord Keeper,
Justices, or Barons, or any of them, upon View of the Copy or
Copies of the Warrant or Warrants of Commitment and Detainer,
or otherwise upon Oath made, that such Copy or Copies were
denied to be given by such Person or Persons in whose custody
the Prisoner or Prisoners is or are detained, are hereby
authorized and required, upon Request made in Writing by such
Person or Persons, or any on his, her, or their Behalf,
attested and subscribed by two Witnesses, who were present at
the Delivery of the same, to award and grant an Habeas Corpus
under the Seal of such Court, whereof he shall then be one of
the Judges, (5.) to be directed to the Officer or Officers in
whose Custody the Party so committed or detained shall be,
returnable immediate before the said Lord Chancellor, or Lord
Keeper, or such Justice, Baron, or any other Justice or Baron,
of the Degree of the Coif, of any of the said Courts. (6.) And
upon Service thereof as aforesaid, the Officer or Officers,
his or their under Officer or under Officers, under Keeper or
under Keepers, or their Deputy, in whose Custody the Party is
so committed or detained, shall within the times respectively
before limited, bring such Prisoner or Prisoners before the
said Lord Chancellor or Lord Keeper, or such Justices, Barons,
or one of them, before whom the said Writ is made returnable,
and in case of his Absence, before any of them, with the
Return of such Writ, and the true Causes of the Commitment and
Detainer.
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(7.) And thereupon within two Days after the Party shall be
brought before them the said Lord Chancellor, or Lord Keeper,
or such Justice or Baron, before whom the Prisoner shall be
brought as aforesaid, shall discharge the said Prisoner from
his Imprisonment, taking his or their Recognizance, with one
or more Surety or Sureties, in any Sum, according to their
Discretions, having regard to the Quality of the Prisoner, and
Nature of the Offence, for his or their Appearance in the
Court of King's Bench the Term following, or at the next
Assizes, Sessions, or general Gaol-Delivery, of and for such
County, City or Place, where the Commitment was, or where the
Offence was committed, or in such other Court where the said
Offence is properly cognizable, as the Case shall require, and
then shall certify the said Writ with the Return thereof, and
the said Recognizance or Recognizances into the said Court,
where such Appearance is to be made. (8.) Unless it shall
appear unto the said Lord Chancellor, or Lord Keeper, or
Justice, or Justices, or Baron or Barons, that the Party so
committed is detained upon a legal Process, Order, or Warrant
out of some Court that hath Jurisdiction of Criminal Matters,
or by some Warrant signed and sealed with the Hand and Seal of
any of the said Justices or Barons, or some Justice or
Justices of the Peace, for such Matters or Offences, for the
which by the Law, the Prisoner is not bailable.
IV. Provided always, and be it enacted, That if any Person
shall have wilfully neglected by the Space of two whole Terms
after his Imprisonment to pray a Habeas Corpus for his
Enlargement, such Person so wilfully neglecting, shall not
have any Habeas Corpus to be granted in Vacation-time in
Pursuance of this Act.
V. And be it further enacted by the Authority aforesaid, That
if any Officer or Officers, his or their under Officer, or
under Officers, under Keeper or under Keepers, or Deputy,
shall neglect or refuse to make the Returns aforesaid, or to
bring the Body or Bodies of the Prisoner or Prisoners,
according to the Command of the said Writ, within the
respective times aforesaid, or upon Demand made by the
Prisoner, or Person in his Behalf, shall refuse to deliver, or
within the Space of six Hours after Demand shall not deliver,
to the Person so demanding, a true Copy of the Warrant or
Warrants of Commitment and Detainer of such Prisoner, which he
and they are hereby required to deliver accordingly; all and
every the Head Gaolers and Keepers of such Prisons, and such
other Person, in whose Custody the Prisoner shall be detained,
shall for the first Offence, forfeit to the Prisoner, or Party
grieved, the Sum of One Hundred Pounds. (2.) And for the
second Offence, the Sum of Two Hundred Pounds, and shall and
is hereby made incapable to hold or execute his said Office.
(3.) The said Penalties to be recovered by the Prisoner or
Party grieved, his Executors or Administrators, against such
Offender, his Executors or Administrators, by any Action of
Debt, Suit, Bill, Plaint or Information, in any of the King's
Courts at Westminster, wherein no Essoin, Protection,
Priviledge, Injunction, Wager of Law, or stay of Prosecution,
by Non vult ulterius prosequi, or otherwise, shall be admitted
or allowed, or any more than one Imparlance. (4.) And any
Recovery or Judgment at the Suit of any Party grieved, shall
be a sufficient Conviction for the first Offence; and any
after Recovery or Judgment at the Suit of a Party grieved, for
any Offence after the first Judgment, shall be a sufficient
Conviction to bring the Officers or Person within the said
Penalty for the Second Offence.
VI. And for the Prevention of unjust Vexation, by reiterated
Commitments for the same offence; (2.) Be it enacted by the
Authority aforesaid, That no Person or Persons, which shall be
delivered or set at large upon any Habeas Corpus, shall at any
time hereafter be again imprisoned or committed for the same
Offence, by any Person or Persons whatsoever, other than by
the legal Order and Process of such Court wherein he or they
shall be bound by Recognizance to appear, or other Court
having Jurisdiction of the Cause. (3.) And if any other Person
or Persons shall knowingly, contrary to this Act, recommit or
imprison, or knowingly procure or cause to be recommitted or
imprisoned for the same Offence, or pretended Offence, any
Person or Persons delivered or set at large as aforesaid, or
be knowingly aiding or assisting therein, then he or they
shall forfeit to the Prisoner or Party grieved, the Sum of
Five Hundred Pounds; any colourable Pretence or Variation in
the Warrant or Warrants of Commitment notwithstanding, to be
recovered as aforesaid.
VII. Provided always, and be it further enacted, That if any
Person or Persons shall be committed for High Treason or
Felony, plainly and specially expressed in the Warrant of
Commitment, upon his Prayer or Petition in open Court the
first Week of the Term, or first Day of the Sessions of Oyer
and Terminer, or general Gaol Delivery, to be brought to his
Tryal, shall not be indicted sometime in the next Term,
Sessions of Oyer and Terminer, or general Gaol-Delivery after
such Commitment, it shall and may be lawful to and for the
Judges of the Court of King's Bench, and Justices of Oyer and
Terminer, or general Gaol-Delivery, and they are hereby
required, upon Motion to them made in open Court the last Day
of the Term, Sessions or Gaol-Delivery, either by the
Prisoner, or anyone in his Behalf, to set at Liberty the
Prisoner upon Bail, unless it appear to the Judges and
Justices upon Oath made, that the Witnesses for the King could
not be produced the same Term, Sessions, or general
Gaol-Delivery. (2.) And if any Person or Persons committed as
aforesaid, upon his Prayer or Petition in open Court, the
first Week of the Term, or first Day of the Sessions of Oyer
and Terminer, and general Gaol-Delivery, to be brought to his
Tryal, shall not be indicted and tryed the second Term,
Sessions of Oyer and Terminer, or general Gaol-Delivery, after
his Commitment, or upon his Tryal shall be acquitted, he shall
be discharged from his Imprisonment.
VIII. Provided always, that nothing in this Act shall extend
to discharge out of Prison, any Person charged in Debt, or
other Action, or with Process in any Civil Cause, but that
after he shall be discharged of his Imprisonment for such his
criminal Offence, he shall be kept in Custody, according to
the Law for such other Suit.
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IX. Provided always, and be it enacted by the Authority
aforesaid, That if any Person or Persons, Subjects of this
Realm, shall be committed to any Prison, or in Custody of any
Officer or Officers whatsoever, for any Criminal or supposed
Criminal Matter, that the said Person shall not be removed
from the said Prison and Custody, into the Custody of any
other Officer or Officers. (2.) Unless it be by Habeas Corpus,
or some other legal Writ; or where the Prisoner is delivered
to the Constable or other inferiour Officer, to carry such
Prisoner to some common Gaol. (3.) Or where any Person is sent
by Order of any Judge of Assize, or Justice of the Peace, to
any common Workhouse, or House of Correction. (4.) Or where
the Prisoner is removed from one Prison or Place to another
within the same County, in order to his or her Tryal or
Discharge in due Course of Law. (5.) Or in case of sudden
Fire, or Infection, or other Necessity. (6.) And if any Person
or Persons shall after such Commitment aforesaid, make out and
sign, or countersign, any Warrant or Warrants for such Removal
aforesaid, contrary to this Act, as well he that makes or
signs, or countersigns, such Warrant or Warrants, as the
Officer or Officers, that obey or execute the same, shall
suffer & incur the Pains & Forfeitures in this Act
before-mentioned, both for the 1st & 2nd Offence,
respectively, to be recover'd in manner aforesaid, by the
Party grieved.
X. Provided also, and be it further enacted by the Authority
aforesaid, That it shall and may be lawful to and for any
Prisoner & Prisoners as aforesaid, to move, and obtain his or
their Habeas Corpus, as well out of the High Court of
Chancery, or Court of Exchequer, as out of the Courts of
King's Bench, or Common Pleas, or either of them. (2.) And if
the said Lord Chancellor or Lord Keeper, or any Judge or
Judges, Baron or Barons for the time being, of the Degree of
the Coif, of any of the Courts aforesaid, in the Vacation
time, upon view of the Copy or Copies of the Warrant or
Warrants of Commitment or Detainer, or upon Oath made that
such Copy or Copies were denied as aforesaid, shall deny any
Writ of Habeas Corpus by this Act required to be granted,
being moved for as aforesaid, they shall severally forfeit to
the Prisoner or Party grieved, the Sum of Five Hundred Pounds,
to be recovered in manner aforesaid.
XI. And be it declared and enacted by the Authority aforesaid,
That an Habeas Corpus according to the true Intent and meaning
of this Act, may be directed, and run into any County
Palatine, the Cinque Ports, or other priviledged Places,
within the Kingdom of England, Dominion of Wales, or Town of
Berwick upon Tweed, and the Isles of Jersey or Guernsey, any
Law or Usage to the contrary notwithstanding.
XII. And for preventing illegal Imprisonments in Prisons
beyond the Seas; (2.) Be it further enacted by the Authority
aforesaid, That no Subject of this Realm that now is, or
hereafter shall be, an Inhabitant or Resiant of this Kingdom
of England, Dominion of Wales, or Town of Berwick upon Tweed,
shall or may be sent Prisoner into Scotland, Ireland, Jersey,
Guernsey, Tangier, or into Parts, Garrisons, Islands, or
Places beyond the Seas, which are, or at any time hereafter
shall be within or without the Dominions of his Majesty, his
Heirs or Successors. (3.) And that every such Imprisonment is
hereby enacted and adjudged to be illegal. (4.) And that if
any of the said Subjects now is, or hereafter shall be so
imprisoned, every such Person and Persons so imprisoned, shall
and may for every such Imprisonment, maintain by Virtue of
this Act, an Action or Actions of False Imprisonment, in any
of his Majesty's Courts of Record, against the Person or
Persons by whom he or she shall be so committed, detained,
imprisoned, sent Prisoner or transported, contrary to the true
meaning of this Act, and against all or any Person or Persons,
that shall frame, contrive, write, seal or countersign any
Warrant or Writing for such Commitment, Detainer, Imprisonment
or Transportation, or shall be advising, aiding or assisting
in the same, or any of them. (5.) And the Plaintiff in every
such Action, shall have judgment to recover his treble Costs,
besides Damages; which Damages so to be given, shall not be
less than Five Hundred Pounds. (6.) In which Action, no Delay,
Stay, or Stop of Proceeding, by Rule, Order or Command, nor no
Injunction, Protection, or Priviledge whatsoever, nor any more
than one Imparlance shall be allowed, excepting such Rule of
the Court wherein the Action shall depend, made in open Court,
as shall be thought in justice necessary, for special Cause to
be expressed in the said Rule. (7.) And the Person or Persons
who shall knowingly frame, contrive, write, seal or
countersign any Warrant for such Commitment, Detainer, or
Transportation, or shall so commit, detain, imprison, or
transport any Person or Persons contrary to this Act, or be
any ways advising, aiding or assisting therein, being lawfully
convicted thereof, shall be disabled from thenceforth to bear
any Office of Trust or Profit within the said Realm of
England, Dominion of Wales, or Town of Berwick upon Tweed, or
any of the Islands, Territories or Dominions thereunto
belonging. (8.) And shall incur and sustain the Pains,
Penalties, and Forfeitures, limited, ordained, and Provided in
and by the Statute of Provision and Premunire made in the
Sixteenth Year of King Richard the Second. (9.) And be
incapable of any Pardon from the King, his Heirs or
Successors, of the said Forfeitures, Losses, or Disabilities,
or any of them.
XIII. Provided always, That nothing in this Act shall extend
to give Benefit to any Person who shall by Contract in
Writing, agree with any Merchant or Owner, of any Plantation,
or other Person whatsoever, to be transported to any part
beyond the Seas, and receive Earnest upon such Agreement,
altho' that afterwards such Person shall renounce such
Contract.
XIV. Provided always, and be it enacted, That if any Person or
Persons, lawfully convicted of any Felony, shall in open Court
pray to be transported beyond the Seas, and the Court shall
think fit to leave him or them in Prison for that Purpose,
such Person or Persons may be transported into any Parts
beyond the Seas; This Act, or any thing therein contained to
the contrary notwithstanding.
XV. Provided also, and be it enacted, That nothing herein
contained, shall be deemed, construed, or taken to extend to
the Imprisonment of any Person before the first Day of June,
One Thousand Six Hundred Seventy and Nine, or to any thing
advised, procured, or otherwise done, relating to such
Imprisonment; Any thing herein contained to the contrary
notwithstanding.
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XVI. Provided also, That if any Person or Persons, at any time
resiant in this Realm, shall have committed any Capital
Offence in Scotland or Ireland, or any of the Islands, or
foreign Plantations of the King, his Heirs 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 Tryal, in such manner as the same might have been used
before the making this Act; Any thing herein contained to the
contrary notwithstanding.
XVII. Provided also, and be it enacted, That no Person or
Persons, shall be sued, impleaded, molested or troubled for
any Offence against this Act, unless the Party offending be
sued or impleaded for the same within two Years at the most
after such time wherein the Offence shall be committed, in
Case the Party grieved shall not be then in Prison; and if he
shall be in Prison, then within the space of two Years after
the Decease of the Person imprisoned, or his, or her Delivery
out of Prison, which shall first happen.
XVIII. And to the Intent no Person may avoid his Tryal at the
Assizes, or general Gaol Delivery, by procuring his Removal
before the Assizes at such time as he cannot be brought back
to receive his Tryal there; (2.) Be it enacted, That after the
Assizes proclaimed for that County where the Prisoner is
detained, no Person shall be removed from the Common Gaol 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 do what to Justice
shall appertain.
XIX. 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.
XX. And be it also enacted by the Authority aforesaid, That if
any Information, Suit or Action, shall be brought or exhibited
against any Person or Persons, for any Offence committed or to
be committed against the Form of this Law, it shall be lawful
for such Defendants to plead the general Issue, that they are
not guilty, or that they owe nothing, and to give such special
Matter in Evidence to the Jury, that shall try the same, which
Matter being pleaded, had been good and sufficient matter in
Law to have discharged the said Defendant or Defendants
against the said Information, Suit or Action, and the said
Matter shall be then as available to him or them, to all
Intents and Purposes, as if he or they had sufficiently
pleaded, set forth, or alleged the same Matter in Bar, or
Discharge of such Information, Suit or Action.
XXI. And because many times Persons charged with Petty-Treason
or Felony, or as Accessaries thereunto, are committed upon
Suspicion only, whereupon they are bailable or not, according
as the Circumstances making out that Suspicion are more or
less weighty, which are best known 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; (2.) Be
it therefore enacted, That where any Person shall appear to be
committed by any Judge, or Justice of the Peace, and charged
as necessary 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 plainly and
specially expressed in the Warrant of Commitment, that such
Person shall not be removed or bailed by Virtue of this Act,
or in any other manner than they might have been before the
making of this Act.
ENGLAND: A. D. 1679 (June).
The Meal-tub Plot.
"Dangerfield, a subtle and dexterous man, who had gone through
all the shapes and practices of roguery, and in particular was
a false coiner, undertook now to coin a plot for the ends of
the papists. He ... got into all companies, and mixed with the
hottest men of the town, and studied to engage others with
himself to swear that they had been invited to accept of
commissions, and that a new form of government was to be set
up, and that the king and the royal family were to be sent
away. He was carried with this story, first to the duke, and
then to the king, and had a weekly allowance of money, and was
very kindly used by many of that side; so that a whisper run
about town, that some extraordinary thing would quickly break
out: and he having some correspondence with one colonel
Mansel, he made up a bundle of seditious but ill contrived
letters, and laid them in a dark corner of his room: and then
some searchers were sent from the custom house to look for
some forbidden goods, which they heard were in Mansel's
chamber. There were no goods found: but as it was laid, they
found that bundle of letters: and upon that a great noise was
made of a discovery: but upon inquiry it appeared the letters
were counterfeited, and the forger of them was suspected; so
they searched into all Dangerfield's haunts, and in one of
them they found a paper that contained the scheme of this
whole fiction, which, because it was found in a meal-tub, came
to be called the meal-tub plot. ... This was a great disgrace
to the popish party, and the king suffered much by the
countenance he had given him."
_G. Burnet,
History of My Own Time,
book 3, 1679._
ENGLAND: A. D. 1679-1681.
The Exclusion Bill.
"Though the duke of York was not charged with participation in
the darkest schemes of the popish conspirators, it was evident
that his succession was the great aim of their endeavours, and
evident also that he had been engaged in the more real and
undeniable intrigues of Coleman. His accession to the throne,
long viewed with just apprehension, now seemed to threaten
such perils to every part of the constitution as ought not
supinely to be waited for, if any means could be devised to
obviate them. This gave rise to the bold measure of the
exclusion bill, too bold, indeed, for the spirit of the
country, and the rock on which English liberty was nearly
shipwrecked. In the long parliament, full as it was of
pensioners and creatures of court influence, nothing so
vigorous would have been successful. ... But the zeal they
showed against Danby induced the king to put an end [January
24, 1679] to this parliament of seventeen years' duration; an
event long ardently desired by the popular party, who foresaw
their ascendancy in the new elections. The next house of
commons accordingly came together with an ardour not yet
quenched by corruption; and after reviving the impeachments
commenced by their predecessors, and carrying a measure long
in agitation, a test which shut the catholic peers out of
parliament, went upon the exclusion bill [the second reading
of which was carried, May 21, 1679, by 207 to 128].
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