PETITION OF RIGHTS. much depend upon your Majestie's answer upon their Petition of Right, formerly presented; with unanimous consent do now become most humble suitors unto your Majestie, that you would be pleased to give a clear and satisfactory answer thereunto, in full Parliament. Answer. Speech of the To which Petition the King replied, The answer I have already given you was made with so good deliberation, and approved by the judgments of so many wise men, that I could not have imagined but that it would have given you full satisfaction: But to avoid all ambiguous interpretations, and to show you there is no doubleness in my meaning, I am willing to pleasure you as well in words as in substance; Read your petition, and you shall have an answer that I am sure will please you. Here the Petition was read, and the following answer was returned,― "Soit Droit fait comme il est desire." C. R. Then said his Majesty, This I am sure is full, yet no more than I granted you in my first answer, for the meaning of that, was to confirm your liberties, knowing according to your own protestations, that you neither mean nor can hurt my prerogative. And I assure you, my maxim is, that the People's liberties strengthen the King's Prerogative, and the King's Prerogative is to defend the People's Liberties. You see how ready I have shown myself to satisfy your demand, so that I have done my part; wherefore if this parliament have not a happy conclusion, the sin is yours, I am free from it. [The above is the Answer of the King in Parliament, and his Speech on that occasion, June 7th, 1628.] AN ACT FOR THE BETTER Securing THE LIBERTY OF THE SUBJECT, AND FOR PRE- COMMONLY CALLED "THE HABEAS CORPUS ACT."* 31 CH. 2. CH. 2, MAY 1679. WHEREAS great delays have been used by sheriffs, gaolers and other Preamble. 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 on Alias or 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 charge and vexation: per and the body Vin. V. 14, 209 II. For the prevention whereof, and the more speedy relief of all Writs of Habeas Corpus sons imprisoned for any such criminal or supposed criminal matters; (2) within 3 days BE IT ENACTED, By the King's most excellent Majesty, by after service to and with the Advice and Consent of the Lords Spiritual and be returned, Temporal, and Commons in this present Parliament assembled, and by brought, if the authority thereof, That whensoever any person or persons shall bring within twenty any Habeas Corpus directed unto any sheriff or sheriffs, gaoler, minister, miles, &c. 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 especially 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 12 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 * Copied from the Statutes at Large, by Danby Pickering, Esq., Ed. 1763, vol. 8, p. 432. THE HAB. CORPUS Such writs, how to be marked. Writs of Habeas Corpus, and the proceedings thereon in vacation time. 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 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 20 miles, and not above 100 miles, then within the space of 10 days, and if beyond the distance of 100 miles, then within the space of 20 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 any one in 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 authorised 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 or 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 recognisance, with one or more surety or sureties, in any sum according to their discretions, having regard to the quality of the prisoner and the 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 or 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 cognisable, as the case shall require, and then shall certify the said writ with the return thereof, and the said recognisance or recognisances into the said court where such appearance is to be made; (8) unless it shall appear to 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. ΤΗΣ HAB. CORPUS terms to pray IV. Provided always and be it enacted, That if any person shall have Persons wilfully neglected by the space of two whole terms after his imprisonment, neglecting for 2 to pray a Habeas Corpus for his enlargement, such person so wilfully neg- a H. C. shall lecting, shall not have any Habeas Corpus to be granted in vacation time, have none in in pursuance of this act. vacation. against for not writs. V. And be it further enacted, by the authority aforesaid, That if any Officers how to officer or officers, his or their under officer, or under officers, under keeper be proceeded or under keepers, or deputy, shall neglect or refuse to make the returns obeying such aforesaid, or to bring the body or bodies of the prisioner 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 person, 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 £100; (2) and for the 2d. offence, the sum of £200, 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 and 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 Westminister, 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 judgement at the suit of any party grieved, shall be a sufficient conviction for the first offence; and any after recovery or judgement at the suit of a party grieved, for any offence after the first judgement, shall be a sufficient conviction to bring the officers or person within the said penalty for the second offence. large, not to be VI. And for the prevention of unjust vexation by reiterated commit- Persons set at ments for the same offence; (2) Be it enacted, by the authority aforesaid, re-committed That no person or persons, which shall be delivered or set at large upon but by order of any Habeas Corpus, shall at any time hereafter be again imprisoned court. 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 recognisance to appear, or other court having jurisdiction of the cause; (3) and if any other person or persons shall knowingly, contrary to this act, re-commit or imprison, or knowingly procure or cause to re-committed 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 £500; any colourable pretence or variation in the warrant or warrants of commitment notwithstanding, to be recovered as aforesaid. VIL Provided, always, and be it further enacted, That if any Persons THE HAB. CORPUS committed for treason or indicted the next term, or let to bail. 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 trial, shall not be indicted some time in the next term, Sessions of Oyer and Terminer or General Gaol felony, shall be 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 any one 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 the first day of the Sessions of Oyer and Terminer and General Gaol Delivery, to be brought to his trial, 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. And to be tried the term after, or discharged. 1. Vent. 346. civil suit. May be still kept VIII. Provided always, That nothing in this act shall extend to disin custody for charge 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. Persons not to be removed to another without cause. IX. Provided always, and be it further enacted by the authority from one prison 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 inferior officer, to carry such prisoner to some common gaol; (3) or where any person is sent by order of any Judge of Assise, or Justice of the Peace, to any common work-house or house of correction; (4) or where the prisoner is removed from one place or prison, to another within the same county, in order to his or her trial 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 and incur the pains and forfeitures in this act before mentioned, both for the first and second offence respectively, to be recovered in manner aforesaid by the party grieved. Penalty for denying a Habeas Corpus. X. Provided also, and be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any prisoner and 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 de |