II. For the Prevention whereof, and the more speedy Relief of

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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History for ready reference, Volume 2, El Dorado to Greaves · 第 37 / 222 段