English liberties, or, The free-born subject's inheritance containing, I. Magna Charta, the petition of right, the Habeas Corpus Act ... II. The proceedings in appeals of murther, the work and power of Parliament, the qualifications necessary for such ... III. All the laws against conventicles and Protestant dissenters with notes, and directions both to constables and others ..., and an abstract of all the laws against papists.

CHAP. II. An Act for the better securing the Liberty of the Subjest, and for prevention of Imprisonments be∣yond Seas. Comonly called the Habeas Corpus Act.

I. VVHereas great delays have been used by Sheriffs, Goalers, and other Officers to whose Custody any of the Kings Subjects have been committed for Criminal, or supposed Criminal mat∣ters, 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 Kings Sub∣jects 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 Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual, and Temporal, and Commons in this pre∣sent Parliament Assembled, and by the Authority thereof, That whensoever any person or persons shall bring any Habeas Corpus directed unto any Sheriff or Sheriffs, Goaler, Minister or other per∣son whatsoever, for any person in his or their Custody, and the said Writ shall be served upon the said Officer, or left at the Goal or Prison with any of the under Officers, under Keepers, or Deputy of the said Of∣ficers or Keepers, that the said Officer or Officers his or their under Officers or 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 be the Judge or Court that awar∣ded the same, and Endorsed upon the said Writ, not exceeding twelve pence per Mile, and upon se∣curity 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 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 like∣wise certifie the true Causes of his Detainer, or Im∣prisonment, 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 hun∣dred Miles, than within the space of twenty days after such the delivery aforesaid, and not longer.

III. And to the Intent that no Sheriff, Goaler, or other Officer may pretend ignorance of the im∣port of any such Writ. (2) Be it Enacted by the Authority aforesaid, That all such Writs shall be marked in this manner, Perstatutum Tricesimo pri∣mo 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 Fe∣l••ny 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 per∣sons Convict, or in Execution) by 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 Majesties Justices either of the one Bench, or of the other, or the Barons of the Exchequer of the degree of the Coif. (3) And the said Lord Chan∣cellor, Lord Keeper, Instices, or Barons, or any of them, upon view of the Copy or Copies of the War∣rant or Warrants of Commitment and Detainer, or otherwise upon Oath made, that such Copy or Co∣pies were denied to be given by such person or per∣sons, 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 di∣rected to the Officer or Officers in whose Custody the party so Committed or Detained, shall be re∣turnable immediately before the said Lord Chancel∣lor 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 Deputy to whose Custody the party is so Committed or Detained, shall within the times respectively before limited, bring such Priso∣ner 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 Return a∣ble, 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 dis∣charge the said Prisoner from his Imprisonment, taking his or their Recognizance, with one or more surety or sureties in any sum, according to their dis∣cretion, having regard to the Quality of the Priso∣ner, and Nature of the Offence, for his or their ap∣pearance in the Court of Kings Bench the Term following, or at the next Assizes, Sessions, or General Goal-delivery of and 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 Recognizable, as the Case shall require, and then shall Certifie the said Writ, with the Return thereof, and the said Re∣cognizance or Recognizances, into the said Court, where such appearance is to be made. (6) Unless it shall appear, unto the said Lord Chancellor, or Lord Keeper, or Justice or Justices, Baron or Ba∣rons, 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 mat∣ters or offences for the which by the Law the Priso∣ner is not Bailable.

IV. Provided always, and be it Enacted, That if any person shall have wilfully neglected by the space of two whole Terms after his Imprison∣ment, to pray a Habeas Corpus for his Enlarge∣ment, such person so wilfully neglecting, shall not have any Habeas Corpus to be granted in Vacation time in pursuance of this Act.

V. Be it further Enacted by the Authority afore∣said, That if any Officer or Officers, his or their

Under-Officer, Under-Officers, Under-Keeper, or Under-Keepers, or Deputy, shall neglect or Refuse to make the Returns 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 Priso∣ner, or Person in his Behalf; shall Resuse 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 de∣tainer of such Prisoner, which he or they are hereby Required to deliver accordingly, all and every the Head Gaolers, and Keepers of such Prisons, and such other Person, in whose Custody the Prisoner shall be detained, shall for the first Offence forfeit to the Pri∣soner or Party Grieved. the sum of one hundred pounds; (2.) And for the second Offence, the sum of two hundred pounds, 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 or Administrators, against such Offenders, his Executors or Administra∣tors, by any Action of Debt, Suit, Bill, plaint or Infor∣mation, in any of the King's Courts at Westmin. wherein no Essoign, Protection, priviledge Injunction, Wager of Law, or stay of Prosecution by Non vult ulterius prosequi, or otherwise, shall be Admitted or Allow∣ed, or any more than one Imparlance (4.) And any Recovery or Judgment at the Suit of any Party Griev∣ed, shall be a sufficient Conviction for the first Of∣fence; and any after Recovery or Judgment at the suit of a Party Grieved for any Offence after the first Judgment, shall be a sufficient Conviction to Bring the Officers or Person within the said penalty for the second Offence.

6. And for the prevention of unjust Vexation by Reiterated Commitments for the same; (2.) Be it Enacted by the Authority aforesaid, That 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 Of∣fence, 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; (3.) And if any other Person or Persons shall knowingly contrary to this Act Recommit, or Impri∣son, or knowingly procure or Cause to be Recommit∣ted or Imprisoned for the same Offence, or pretend∣ed Offence, any Person or Persons delivered or set at Large as aforesaid, or be knowingly aiding or Assist∣ing therein, then he or they shall forfeit to the Pri∣soner or Party Greived, the sum of five hundred pounds, any colourable pretence or variation in the Warrant or Warrants of Commitment notwithstand∣in, to be Recovered as aforesaid.

7. Provided alwayes, and be it further Enacted, That if any Person or Persons shall be Committed for High Treason or Felony, Plainly and specially Ex∣pressed 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 Ter∣miner, or General Gaol delivery, to be Brought to his Tryal, shall not be indicted sometime in the next Term, Sessions 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 Kings Bench, and Justices of Oyer and Terminer, or General Gaol delivery, and they are hereby Re∣quired 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 Wit∣nesses 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, up∣on his prayer or petition in open Court, the first week of the Term, or first day of the Sessions of Oyer and Terminer, and General Gaol delivery, to be Brought to his Tryal, shall not be Indicted and Tryed the se∣cond Term, Sessions of Oyer and Terminer, or Gene∣ral Gaol delivery after his Commitment, or upon his Tryal shall be Acquitted, he shall be discharged from his Imprisonment.

8. Provided alwaies, 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 Im∣prisonment for such his Criminal Offence, he shall be kept in Custody according to Law, for such other suit.

9. Provided alwaies, and be it Enacted by the Au∣thority aforesaid, That if any person or persons sub∣••ects of this Realm, shall be Committed to any prison, or in Custody of any Officer or Officers what∣soever, for any Criminal, or Supposed Criminal matter, That the said person shall not be Remo∣ved from the said prison and custody, into the cu∣stody 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 Inferiour Officer to carry such prisoner to some common Gaol; (3.) or where any person is sent by ••rder of any Judge of Assize, or Justice of the peace ••o any Common workhouse, or house of Correction; (4.) or where the prisoner is Removed from one pri∣on or place to another within the same County, in order to his or her Tryal or discharge in due Course of Law; (5.) or in case of sudden fire or Infection, ••r other Necessity; (6.) And if any person or persons ••hall after such Commitment aforesaid, make out and ••ign, or Countersign any Warrant or Warrants for ••uch Removal aforesaid, contrary to this Act, as well ••e 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 Griev∣ed.

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 Ex∣chequer, as out of the Courts of Kings Bench, or com∣mon pleas, or either of them; (2.) And if the said Lord Chancellour, 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 Warant or Warants of Commitment or Detain∣er, or upon Oath made, that such Copy or Copies were denied as aforesaid, shall deny any writ of Ha∣beas 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 afore∣said.

11. And Be it Enacted, and declared by the Au∣thority aforesaid, That an Habeas Corpus according to the true Intent and meaning of this Act, may be di∣rected, and Run into any County Palatine, the Cinqu•…•… ports or other priviledged places within the Kingdom of Engl. Dominion of Wales, or Town of Berwick up∣on Tweed, and the Isles of Jersey, or Guernsey; any Law or Usage to the Contrary notwithstanding.

12. And for preventing Illegal Imprisonments in prisons beyond seas (2.) Be it further Enacted by the Authority aforesaid, That no subject of this Realm that now is, or hereafter shall be an Inhabitant or Re¦siant 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 any parts, 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 successours, (3.) And that every such Im∣prisonment is hereby Enacted and adjudged to be Illegal; (4.) 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 vertue of this Act, an Action or Actions of false Imprisonment, in any of his Majesties Courts of Record, against the per∣son or persons by whom he or she shall be so Com∣mitted, detained, Imprisoned, sent prisoner, or Tran∣sported 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, Imprison∣ment, or Transportation, or shall be Advising, Aiding, or Assisting in the same, or any of them; (5.) 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; (6.) in which Action, no delay, stay or stop of proceeding, by Rule, order, or Com∣mand, nor no Injunction, protection, or priviledge whatsoever, nor any more than one Imparlance shall be allowed, Excepting such Rule of the Court where∣in 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; (7.) And the per∣son or persons who shall Knowingly Frame, Contrive, write, seal or Countersign any Warrant for such Com∣mitment, detainer, or Transportation, or shall so Commit, detain, Imprison, or Transport any person or persons Contrary to this Act, or be any waies Ad∣vising, aiding or Assisting therein being Lawfully Con∣victed

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. (8.) And shall Incur and sustain the pains, Penalties and Forfeitures Limited, ordained, and provided in and by the sta∣tute of Provision and Premunire, made in the six∣teenth year of King Richard the Second. (9.) And be incapaple of any pardon from the King, His Heirs or Successours, of the said Forfeitures, Losses, or disabili∣ties, or any of them.

13. Provided alwaies, That nothing in this Act ex∣tend to give Benefit to any person who shall by Con∣tract 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 af∣terwards such person shall Renounce such Con∣tract.

14. Provided alwaies, 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 any thing 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 to 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 notwith∣standing.

16. Provided also, That If any person or persons at any time Resiant in this Realm, shall have committed

any Capital Offence in Scotl. or Ireland, or any of the Islands, or Foreign Plantations of the King His Heirs or Successours, where he or she, ought to be Tryed for such Offence, such person or persons may be sent to such place there to Receive such Tryal, 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 alwayes, and be it Enacted, That no person or persons shall be sued, Impleaded, Molested or Troubled for any Offence 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 Offence 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 Avoyd his Tryal at the Assizes, or General Gaol delivery, by procuring his Removal before the Assizes at such time as he cannot be brought back to receive his Tryal there; (2.) Be it Enacted, That after the Assizes pro∣claimed for thatCounty where the Prisoner is detain∣ed, no person shall be Removed from the common Gaol upon any Habeas Corpus granted in pursuance of this Act, but upon any such Habeas Corpus, shall be brought before the Judge os Assize in open Court, who is thereupon to do what to Justice 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 a∣foresaid, That if any Information, Suit, or Action shall be Brought or Exhibited against any person or persons for anyOffence committed, or to be committed against the form of this Law, it shall be Lawful for such defen∣dants

to plead the General Issue, that they are not Guilty, or that they own nothing, and to give such special matter in Evidence to the Jury that shall Try the same, which matter being pleaded, had been good & sufficent in Law to have discharged the said Defen∣dant or Defendants against the said Information, Suit or Action, & the said matter shall be then as available to him or them, to all Intents and purposes, as if he or they had sufficiently pleaded, set forth or Alledged the same matter in Bar or Discharge of such informa∣tion, Suit or Action.

21. And because many times persons charged with petty Treason or Felony, or as Accessaries thereunto are Committed upon suspition only, whereupon they are Bailable, or not, according as the Circumstances making out that suspition 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: (2.) Be it therefore Enacted, That where any person shall appear to be Committed by any Judge, or Justice of the Peace, and charged as Accessary before the Fact, to any petty Treason or Felony, or upon sus∣picion thereof, or with suspicion of petty Treason or Felony, which pettyTreason or Felony shall be plainly & specially expressed in the Warrant of Commitment, that such person shall not be Removed or Bailed by vertue of this Act, or in any other manner than they might have been before the making of this Act.