APPENDIX C

TEXT OF THE HABEAS CORPUS ACT, 1679

AN ACT for the better secureing the Liberty of the Subject and for Prevention of Imprisonments beyond the Seas.

I. WHEREAS great Delayes have beene used by Sheriffes Goalers and other Officers to whose Custody any of the Kings Subjects have beene committed for criminall or supposed criminall Matters in makeing Returnes of Writts of Habeas Curpus to them directed by standing out an Alias and Pluries Habeas Corpus and sometimes more and by other shifts to avoid their yeilding Obedience to such Writts contrary to their Duty and the knowne Lawes of the Land whereby many of the Kings Subjects have beene and hereafter may be long detained in Prison in such Cases where by Law they are baylable to their great charge and vexation. For the prevention whereof and the more speedy Releife of all persons imprisoned for any such criminall or supposed criminall Matters Bee it enacted by the Kings most Excellent Majestie by and with the Advise and Consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by the authoritie thereof That whensoever any person or persons shall bring any Habeas Corpus directed unto any Sheriffe or Sheriffes Gaoler Minister or other Person whatsoever for any person in his or their Custody and the said Writt shall be served upon the said Officer or left at the Goale or Prison with any of the Under Officers Underkeepers or Deputy of the said Officers or Keepers that the said Officer or Officers his or their Under Officers Under-Keepers or Deputyes shall within Three dayes after the Service thereof as aforesaid (unlesse the Committment aforesaid were for Treason or Fellony plainely and specially expressed in the Warrant of Committ ment) [upon Payment or Tender of the Charges of bringing the said Prissoner to be ascertained by the Judge or Court that awarded the same and endorsed upon the said Writt not exceeding Twelve pence per Mile] and upon Security given by his owne Bond to pay the Charges of carrying backe the Prisoner if he shall bee 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 Returne of such Writt [or] bring or cause to be brought the Body of the Partie soe committed or restrained unto or before the Lord Chauncellor or Lord Keeper of the Great Seale of England for the time being or the Judges or Barons of the said Court from whence the said Writt shall issue or unto and before such other person [and] persons before whome the said Writt is made returnable according to the Command thereof, and shall [likewise then] certifie the true causes of his Detainer or Imprisonment unlesse the Committment of the said Partie be in any place beyond the distance of Twenty miles from the place or places where such Court or Person is or shall be resideing and if beyond the distance of Twenty miles and not above One hundred miles then within the space of Ten dayes and if beyond the distance of One hundred miles then within the space of Twenty dayes after such delivery aforesaid and not longer.

II. [AND to the intent that noe Sheriffe Goaler or other Officer may pretend ignorance of the import of any such Writt Bee it enacted by the Authoritie aforesaid That all such Writts shall be marked in this manner Per Statutum Tricesimo primo Caroli Secundi Régis 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 unlesse for Treason or Fellony plainely expressed in the Warrant of Committment in the Vacation time and out of Terme it shall and may be lawful to and for the person or persons soe committed or detained (other than persons Convict or in Execution) by legall Processe or any one [in] his or their behalfe to appeale or complaine to the Lord Chauncellour or Lord Keeper or any one of His Majestyes Justices [either] of the one Bench or of the other or the Barous of the Exchequer of the Degree of the Coife and the said Lord Chauncellor Lord Keeper Justices or Barons or any of them upon view of the Copy or Copies of the Warrant or Warrants of Committment and Detainer or otherwise upon Oath made that such Copy or Copyes were denyed 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 Writeing by such person or persons or any on his her or their behalfe attested and subscribed by two Witnesses [that] were present at the delivery of the same] to award and grant an Habeas Corpus under the Seale of such Court whereof he shall then be one of the Judges to be directed to the Officer or Officers in whose Custodie the Party soe committed or detained shall be returnable immediate before the said [Lord Chauncellor or] Lord Keeper or such Justice Baron or any other Justice or Baron of the Degree of the Coife 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 custodie the Partie is soe committed or detained shall within the times respectively before limitted [bring such Prisoner or Prisoners] before the sd Lord Chauncellor or Lord Keeper or such Justices Barons or one of them [before whome the said Writt is made returnable and in case of his absence before any other of them] with the Returne of such Writt and the true Causes of the Committment and Detainer and thereupon within two dayes after the Partie shall be brought before them the said Lord Chauncellor or Lord Keeper or such Justice or Baron before whome the Prisoner shall be brought as aforesaid shall discharge the said Prisoner from his Imprisonment takeing his or their Recognizance with one or more Suretie or Sureties in any summe according to their discretions haveing reguard to the quality of the Prisoner and nature of the Offence for his or their appearance in the Court of Kings Bench the Terme following or at the next Assizes Sessions or Generall Goale-Delivery of and for such County City or Place where the Committment was or where the Offence was committed or in such other Court where the said Offence is properly cognizable as the Case shall require and then shall certifie the said Writt with the Returne thereof and the said Recognizance or Recognizances into the said Court where such Appearance is to be made unlesse it shall appeare unto the said Lord Chauncellor or Lord Keeper or Justice or Justices [or] Baron or Barons that the Party soe committed is detained upon a legall Processe Order or Warrant out of some Court that hath Jurisdiction of Criminall Matters or by some Warrant signed and sealed with the Hand and Seale 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 Baileable.

III. [PROVIDED alwayes and bee it enacted That if any person shall have wilfully neglected by the space of two whole Termes after his Imprisonment to pray a Habeas Corpus for his Enlargement such person soe wilfully neglecting shall not have any Habeas Corpus to be granted in Vacation time in pursuance of this Act.]

IV. AND bee it further enacted by the Authoritie 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 Returnes aforesaid or to bring the Body or Bodies of the Prisoner or Prisoners according to the Command of the said Writt within the respective times aforesaid or upon Demand made by the Prisoner or Person in his behalfe shall refuse to deliver or within the space of Six houres after demand shall not deliver to the person soe demanding a true Copy of the Warrant or Warrants of Committment and Detayner of such Prisoner, which he and they are hereby required to

deliver accordingly all and every the Head Goalers and Keepers of such Prisons and such other person in whose Custodie the Prisoner shall be detained shall for the first Offence forfeite to the Prisoner or Partie grieved the summe of One hundred pounds and for the second Offence the summe of Two hundred pounds and shall and is hereby made incapeable to hold or execute his said Office, the said Penalties to be recovered by the Prisoner or Partie grieved his Executors or Administrators against such Offender his Executors or Administrators by any Action of Debt Suite Bill Plaint or Information in any of the Kings Courts at Westminster wherein noe Essoigne Protection Priviledge Injunction Wager of Law or stay of Prosecution by Non vult ulterius prosequi or otherwise shall bee admitted or allowed or any more then one Imparlance, and any Recovery or Judgement at the Suite of any Partie grieved shall be a sufficient Conviction for the first Offence and any after Recovery or Judgement at the Suite of a Partie grieved for any Offence after the first Judgement shall bee a sufficient Conviction to bring the Officers or Person within the said Penaltie for the second Offence.

V. AND for the prevention of unjust vexation by reiterated Committments for the same Offence Bee it enacted by the Authoritie aforesaid That noe person or persons which shall be delivered or sett at large upon any Habeas Corpus shall at any time here after bee againe imprisoned or committed for the same Offence by any person or persons whatsoever other then by the legall Order and Processe of such Court wherein he or they shall be bound by Recognizance to appeare or other Court haveing Jurisdiction of the Cause and if any other person or persons shall knowingly contrary to this Act recommitt or imprison or knowingly procure or cause to be recommitted or imprisoned for the same Offence or pretended Offence any person or persons delivered or sett at large as aforesaid or be knowingly aiding or assisting therein then he or they shall forfeite to the Prisoner or Partie grieved the summe of Five hundred pounds Any colourable pretence or variation in the Warrant or Warrants of Committment notwithstanding to be recovered as aforesaid.

VI. PROVIDED alwayes and bee it further enacted That if any person or persons shall be committed for High Treason or Fellony plainely and specially expressed in the Warrant of Committment upon his Prayer or Petition in open Court the first Weeke of the Terme or first day of the Sessions of Oyer and Terminer or Generall Goale Delivery to be brought to his Tryall shall not be indicted sometime in the next Terme Sessions of Oyer and Terminer or Generall Goale Delivery after such Committment it shall and may be lawfull to and for the Judges of the Court of Kings Bench and Justices of Oyer and Terminer or Generall Goale Delivery and they are hereby required