Source.—Statutes of the Realm. Vol. v., pp. 935-938.

I. 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 for 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, 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 officers, ... then the said officers ... shall within three days after the service thereof as aforesaid (unless the commitment aforesaid were for treason or felony, plainly or 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 indorsed upon the said writ, not exceeding twelvepence 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 his 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 person 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 or before such other person or persons before whom the said writ is made 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 and not longer.

III. And to the intent that no sheriff, gaoler, or other officer, may pretend ignorance of the import of any such writ, Be it enacted ... 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; and if any person or persons shall be or stand committed or detained as aforesaid, for any crime (except for felony or treason plainly expressed in the warrant of commitment), in the vacation time, and out of term, it shall ... be lawful ... for the person or persons so committed ... 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 and the said Lord Chancellor, Lord Keeper, justices, or barons, or any of them ... are hereby ... required, upon request made in writing by such person or persons, or any or his, her or their behalf, attested and subscribed by two witnesses who were present at the delivery of the same, to ... grant a Habeas Corpus ... to be directed to the officer ... in whose custody the party ... detained shall be; returnable immediate before the said Lord Chancellor, Lord Keeper [&c.]. IV. And upon service thereof ..., the officer ... in whose custody the party is so ... detained, shall, within the times respectively before limited, bring such prisoner or prisoners before the said Lord Chancellor, or Lord Keeper, or such justices and barons, or one of them ... with ... the true cause of the commitment or detainer. And thereupon, within two days after the party shall be brought before them, the said Lord Chancellor, Lord Keeper [&c.] ... 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 offence, for his or their appearance in the Court of 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 offence was committed ... unless it shall appear to the said Lord Chancellor, or Lord Keeper [&c.] ... that the party 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 justices or justices of the peace, for such matters or offences for the which by the law the prisoner is not bailable.

V. And ... if any officer ... shall neglect or refuse ... to bring the body ... of the prisoner 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 ... a true copy of the warrant ... of commitment ... of such prisoner, ... such person ... shall for the first offence forfeit to the prisoner ... the sum of one hundred pounds, and for the second offence the sum of two hundred pounds, and shall ... be made incapable to hold or execute his said office.

VI. And ... 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 offence ... 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. And if any other person or persons shall knowingly, contrary to this Act, recommit or imprison, for the same offence ... any person or persons delivered or set at large as aforesaid, ... then he or they shall forfeit to the prisoner ... the sum of five hundred pounds.

VII. Provided always ... That if any person or persons shall be committed for high treason or felony, plainly and specially expressed in the warrant of commitment, upon his ... petition in open court the first week of term, or the first day of the sessions of Oyer and Terminer,[10] or general gaol-delivery, to be brought to his trial, shall not be indicted some time in the next term, sessions of Oyer and Terminer, or general gaol-delivery, after such commitment; it shall be lawful to and for the judges of the Court of King's Bench, and justices of Oyer and Terminer, or general gaol-delivery ... to set at liberty the prisoner upon bail, unless it appear to the judges and justices ... that the witnesses for the King could not be produced.... And if such person ... shall not be indicted and tried the second term, sessions of Oyer and Terminer, or general gaol-delivery, after his commitment, or upon his trial shall be acquitted, he shall be discharged from his imprisonment.

VIII. Provided always 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 imprisonment for such his criminal offence, he shall be kept in custody according to the law, for such other suit.

X. Provided always ... That it shall and may be lawful to and for any prisoner or prisoners as 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 ... 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.

XI. And be it ... enacted ... That an Habeas Corpus ... may be directed and run into any county palatine, the cinque ports, or other privileged places within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, and the islands of Jersey or Guernsey, any law or usage to the contrary notwithstanding.

XII. And for preventing illegal imprisonments ... beyond the seas, be it ... enacted ... That no subject of this realm that now is, or hereafter shall be an inhabitant or resident of this kingdom ... shall or may be sent prisoner into Scotland, Ireland, Jersey, Guernsey, Tangier, or into parts, garrisons, islands, or places beyond the sea; and That every such imprisonment is hereby ... adjudged to be illegal.