+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.