An Act for the better securing the Liberty of the Subject, and for Prevention of Imprisonment beyond the Seas (1679) 30 Car. II, c. 2, ss.

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; 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, Gaolor, minister, or other Person or Persons 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 Deputies, shall within Three Days after the Service thereof as aforesaid, (unless the Commitment aforesaid were Treason or Felony, plainly and specifically 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 indorsed 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; and bring, or cause to be brought, the Body of the Party so committed or refrained, until 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 until and before such other Person or Persons before whom the said Writ is returnable, according to the Command thereof; 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.

. . . . .

    V. And be it further enacted by the Authority 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 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 Prisoner or Person in his Behalf, shall refuse 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 Detainer of such Prisoner, which he and 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 Prisoner or Party grieved the Sum of One hundred Pounds; 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; the said Penalties to be recovered by the Prisoner or Party grieved, his Executors or Administrators, against such Offender, his Executors, or Administrators, by any Action of Debt, Suit, Bill, Plaint or Information, in any of the King's Courts at Westminster, wherein no Essoin, Protection, Privilege, Injunction, Wager of Law, or Stay of Prosecution by Non vult ulterius profequi, or otherwise, shall be admitted or allowed, or any more than One Imparlance; and any Recovery or Judgement at the Suit if any Party grieved, shall be a sufficient Conviction in the first offence; and any after Recovery of Judgement 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 with the said Penalty for the second Offence.

. . . . .

    X. 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 aforesaid, to move and obtain his or their Habeas Corpus, as well out of the High Court of Chancery or Court of Exchequer, as out of the Courts of King's Bench or Common Pleas, or either of them; and if the said Lord Chancellor 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 Warrant or Warrants of Commitment or Detainer, or upon Oath made that such Copy or Copies were denied as aforesaid, shall deny any Writ of Habeas 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 aforesaid.

. . . . .