Modern History Sourcebook:
Habeas Corpus Act, 1679
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.
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 offic