The British government passed the English Habeas Corpus Act of 1679 in response to a public outcry about people being incarcerated unlawfully and for inordinate amounts of time before a trial. A writ of habeas corpus is a request for a judge to review the facts of someone's incarceration. This is normally used when someone believes he has been incarcerated unjustly. The concept was later embodied in the United States Constitution.
An act for the better securing the liberty of the subject, and for
prevention of imprisonments beyond the seas.
1. 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.
***z-midcenter.shtml***
2. For the prevention whereof, and 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 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; 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; 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 no longer.
3. And to the intent that no sheriff, gaoler or other officer, may
pretend ignorance of the import of any such writ; 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; 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; 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, 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; 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; 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; 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.
4. Provided always, and be it enacted, that if any person shall have
willfully neglected by the space of two whole terms after his
imprisonment, to pray a Habeas Corpus for his enlargement, such person
so willfully neglecting shall not have any Habeas Corpus to be granted
in vacation time, in pursuance of this act.
5. 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 returning 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 prison or
person in his behalf, shall refuse to deliver, or within the space of
six hours after demand shall not deliver to said 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 prisoner, and such
other person in whose custody the prisoner shall be detained, shall for
the first offense forfeit to the prisoner or party grieved the sum of
one hundred pounds; and for the second offense the sum of two hundred
pounds, and shall and is hereby made incapable to hold or execute his
said office; 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, privilege, injunction, wager of law, or
stay of prosecution by non vult ulterius prosequi or otherwise, shall
be admitted or allowed, or any more than on one imparlance; and any
recovery or judgment at the suit of any party grieved, shall be a
sufficient conviction for the first offense; and any after recovery or
judgment at the suit of a party grieved for any offense after the first
judgment, shall be a sufficient conviction to bring the officers or
person within the said penalty for the second offense.
6. And for the prevention of unjust vexation by reiterated commitments
for the same offense; be it enacted by the authority aforesaid, that no
person or persons which shall be delivered or sit at large upon any
Habeas Corpus shall at any time hereafter be again imprisoned or
committed for the same offense 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; 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 offense
or pretended offense, 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 pretense or variation in the warrant or
warrants of commitment notwithstanding, to be recovered as aforesaid.
7. 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 trial, shall not be indicted some time in the next term, Session
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, Session 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, Session or
general gaol delivery; 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 Session of Oyer and Terminer and general
gaol delivery, to be brought to his trial, shall not be indicted and
tried the second term, Session 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.
8. 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 offense, he shall be kept in
custody according to the law, for such other suit.
9. 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; 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; or
where any person so sent by order of any Judge or Assize or Justice of
the Peace, to any common workhouse or house of correction; or where the
prisoner is removed from one prison or place to another within the same
county, in order to his or her trial or discharge in due course of law;
or in case of sudden fire or infection, or other necessity; 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 to 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
offenses respectively, to be recovered in manner aforesaid by the party
grieved.
10. 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; 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 such 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.
11. 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 seen in 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 and
Guernsey; any law or usage to the contrary notwithstanding.
12. And, for preventing illegal imprisonments in prisons beyond the
seas, be it further enacted by the authorities aforesaid that no
subject of this realm that now is, or hereafter shall be an inhabitant
or resident 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 forts, 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; and that every such imprisonment is hereby enacted and
adjudged to be illegal; 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; 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; in which action no delay, stay, or stop of
proceeding by rule, order, or command, nor no injunction, protection,
or privilege 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; 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 way 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, and shall
incur and sustain the pains, penalties and forfeitures limited, or
denied, and provided, in and by the statute of Provision and Praemunire
made in the sixteenth year of King Richard the Second; and be incapable
of any pardon from the King, his heirs or successors, of the said
forfeitures, losses or disabilities or any of them.
13. 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 parts beyond the seas, and receive earnest upon such
agreement, although that afterwards such person shall renounce such
contract.
14. 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 anything
therein contained to the contrary notwithstanding.
15. 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.
16. Provided also, that if any person or persons at any time resiant in
this realm, shall have committed any capital offense in Scotland or
Ireland, or any of the islands, or foreign plantation of the King, his
heirs or successors, where he or she ought to be tried for such
offense, such person or persons may be sent to such place, there to
receive such trial, in such manner as the same might have been used
before the making of this act; any thing herein contained to the
contrary notwithstanding.
17. Provided also, and be it enacted, that no person or persons shall
be sued, impleaded, molested, or troubled for any offense 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 offense
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.
18. And, to the intent no person may avoid his trial – or general gaol
delivery by procuring his removal before the Assizes, at such time as
he cannot be brought back to receive his trial there, 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 under any
Habeas Corpus granted in pursuance of this act, but upon any such
Habeas Corpus shall be brought before the Judge of Assizes in open
Court, who is thereupon to do what to justices shall appertain.
19. 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.
20. 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 offense committed or to be committed against
the form of this law, it shall be lawful for such defendant 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 by
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 difficiently pleaded, set forth, or alledged, the
same matter in bar or discharge of such information, suit, or action.
21. And because many times persons charged with petty treason or
felony, or as acceptances thereunto, are committed upon suspicion only,
whereupon they are bailable, or not, according as the circumstances
making out that suspicions 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; be it therefore enacted that when any person shall appear to be
committed by any Judge or Justice of the Peace, and charged as
accessory 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.
Revolutionary War and Beyond Home
© 2008 - 2022 Revolutionary-War-and-Beyond.com Dan & Jax Bubis
Facebook Comments