HABEAS CORPUS ACT (1679).

+Source.+--_Statutes of the Realm._ Vol. v., pp. 935-938.

I. Whereas great delays have been used by sheriffs, gaolers, and other

officers, to whose custody any of the King's subjects have been

committed for criminal or supposed criminal matters, in making returns

of writs of _Habeas Corpus_ to them directed, by standing out an _Alias_

and _Pluries Habeas Corpus_, and sometimes more, and by other shifts to

avoid their yielding obedience to such writs, contrary to their duty and

the known laws of the land, whereby many of the King's subjects have

been, and hereafter may be long detained in prison, in such cases where

by law they are bailable, to their great charges and vexation:--

II. For the prevention whereof, and for the more speedy relief of all

persons imprisoned for any such criminal or supposed criminal matters,

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 officers, ... then the said officers ... shall within

three days after the service thereof as aforesaid (unless the commitment

aforesaid were for treason or felony, plainly or 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 indorsed upon the said writ, not exceeding

twelvepence 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 his present act, and that he will not make any escape by the way,

make return of such writ; and bring or cause to be brought, the body of

the person 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 or before such other person or persons before

whom the said writ is made returnable according to the command thereof;

and shall then likewise certify 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 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, Be it enacted ... 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; and if any person or persons shall be or stand

committed or detained as aforesaid, for any crime (except for felony or

treason plainly expressed in the warrant of commitment), in the vacation

time, and out of term, it shall ... be lawful ... for the person or

persons so committed ... or any one on his or their behalf to appeal or

complain to the Lord Chancellor, or Lord Keeper, or any one 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 and the said Lord

Chancellor, Lord Keeper, justices, or barons, or any of them ... are

hereby ... required, upon request made in writing by such person or

persons, or any or his, her or their behalf, attested and subscribed by

two witnesses who were present at the delivery of the same, to ... grant

a _Habeas Corpus_ ... to be directed to the officer ... in whose custody

the party ... detained shall be; returnable immediate before the said

Lord Chancellor, Lord Keeper [&c.].

And upon service thereof ..., the officer ... in whose custody the party

is so ... detained, shall, within the times respectively before limited,

bring such prisoner or prisoners before the said Lord Chancellor, or

Lord Keeper, or such justices and barons, or one of them ... with ...

the true cause of the commitment or detainer. And thereupon, within two

days after the party shall be brought before them, the said Lord

Chancellor, Lord Keeper [&c.] ... 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 ... unless it shall appear to the said Lord Chancellor, or

Lord Keeper [&c.] ... that the party 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 justices or justices of the

peace, for such matters or offences for the which by the law the

prisoner is not bailable.

V. And ... if any officer ... shall neglect or refuse ... to bring the

body ... of the prisoner 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 ... a true

copy of the warrant ... of commitment ... of such prisoner, ... such

person ... shall for the first offence forfeit to the prisoner ... the

sum of one hundred pounds, and for the second offence the sum of two

hundred pounds, and shall ... be made incapable to hold or execute his

said office.

VI. And ... 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 ... 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.

And if any other person or persons shall knowingly, contrary to this

Act, recommit or imprison, for the same offence ... any person or

persons delivered or set at large as aforesaid, ... then he or they

shall forfeit to the prisoner ... the sum of five hundred pounds.

VII. Provided always ... 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 ... petition in open court the first

week of term, or the first day of the sessions of _Oyer and

Terminer_,[10] or general gaol-delivery, to be brought to his trial,

shall not be indicted some time in the next term, sessions of _Oyer and

Terminer_, or general gaol-delivery, after such commitment; it shall be

lawful to and for the judges of the Court of King's Bench, and justices

of _Oyer and Terminer_, or general gaol-delivery ... to set at liberty

the prisoner upon bail, unless it appear to the judges and justices ...

that the witnesses for the King could not be produced.... And if such

person ... shall not be indicted and tried the second term, sessions of

_Oyer and Terminer_, or general gaol-delivery, after his commitment, or

upon his trial 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.

X. Provided always ... That it shall and may be lawful to and for any

prisoner or 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; and if the said Lord Chancellor, or Lord Keeper, or any

judge ... 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.

XI. And be it ... enacted ... That an _Habeas Corpus_ ... may be

directed and run into any county palatine, the cinque ports, or other

privileged places within the kingdom of England, dominion of Wales, or

town of Berwick-upon-Tweed, and the islands of Jersey or Guernsey, any

law or usage to the contrary notwithstanding.

XII. And for preventing illegal imprisonments ... beyond the seas, be it

... enacted ... That no subject of this realm that now is, or hereafter

shall be an inhabitant or resident of this kingdom ... shall or may be

sent prisoner into Scotland, Ireland, Jersey, Guernsey, Tangier, or into

parts, garrisons, islands, or places beyond the sea; and That every such

imprisonment is hereby ... adjudged to be illegal.

[10] A judicial commission to hear and determine cases of treason,

felony, and misdemeanours.

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