An act for the better securing the liberty of the subject, and for
prevention of imprisonments beyond the seas.
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 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 which
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 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 aforesaid, and not
longer.
III. And to the intent that no sheriff, gaoler or other officer may
pretend ignorance of the import of 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 of legal process) 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;
(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 other of them, with the
return of such writ, and the true causes of the commitment and detainer;
(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 offense, for his or their appearance in the court of the 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 offense was committed, or in such other court where the
said offense 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 unto 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
offenses for the which by the law the prisoner is not bailable.