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 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 per