Constitutional history -- Great Britain; Great Britain -- History -- 1689-1714 -- Sources; Great Britain -- History -- Restoration, 1660-1688 -- Sources
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.
Public-domain text, read in full here on John Shaqi.
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