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