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HABEAS CORPUS →
HABEAS CORPUSCT 1679
Posted on December 5, 2011 by wfinley11
Responding to abusive detention of persons without legal authority,
public pressure on the English Parliament caused them to adopt this act,
which established a critical right that was later written into the
Constitution for the United States.
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Habeas Corpus Act
1679
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.
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