signed and sealed with the Hand and Seal of any of the said Justices or Barons, or some Justice or Justices of the Peace for such Matters or Offences for the which by the Law the Prisoner is not bailable. s. 3. ing for two terms to pray a Provided, that if any person shall have wilfully neglected, by Persons neglectthe Space of two whole Terms after his Imprisonment, to pray a Habeas Corpus for his Enlargement, such person so wilfully neglecting shall not have any Habeas Corpus to be granted in Vacation Time, in pursuance of this Act. s. 4. Habeas shall not have one in vacation time. Penalty on offi such writs. If any Officer or Officers, his or their Under Officer or Under Officers, Under Keeper or Under Keepers, or Deputy, shall cers disobeying 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, &c. in any of the Courts at Westminster; and any Recovery or Judgement at the Suit of any Party grieved shall be a Conviction for the first Offence, and any after Recovery or Judgement at the Suit of a Party grieved, for any Offence after the first Judgement, shall be a sufficient Conviction to bring the Officers or Person within the said Penalty for the second Offence. s. 5. be re-committed but by order of court; And for prevention of unjust vexation by reiterated Commit- Persons enlarged ments for the same Offence, be it enacted, that no person or by Habeas not to 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, by any person or persons whatsoever, 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 on penalty of £500. Persons committed for treason or felony, and not indicted the next term or sessions, etc. shall be bailed, unless affidavit witnesses for the person or persons shall knowingly, contrary to this Act, recommit or imprison, or knowingly procure or cause to be recommitted or imprisoned, for the same Offence or pretended Offence, any person or persons delivered or set at large as aforesaid, or be knowingly aiding or assisting therein, then he or they shall forfeit to the Prisoner or Party grieved the Sum of Five hundred Pounds, any colourable Pretence or Variation in the Warrant or Warrants of Commitments notwithstanding, to be recovered as aforesaid. s. 6. If any person or persons shall be committed for High Treason or Felony, plainly and specially expressed in the Warrant of Commitment, upon his Prayer or Petition in open Court the first Week of the Term, or first Day of the Sessions of Oyer and Terminer or General Gaol Delivery, to be brought to his be made that the Trial, shall not be indicted some time in the next Term, Sessions crown could not of Oyer and Terminer, or General Gaol Delivery, after such then be produced. Commitment, it shall and may be lawful to and for the Judges of the Court of King's Bench and Justices of Oyer and Terminer or General Gaol Delivery, and they are hereby required, upon Motion to them made in open Court the last Day of the Term, Sessions, or Gaol Delivery, either by the Prisoner or any one in his Behalf, to set at Liberty the Prisoner upon Bail, unless it appear to the Judges and Justices, upon Oath made, that the Witnesses for the King could not be produced the same Term, Sessions, or General Gaol Delivery; and if any person or persons committed as aforesaid, upon his Prayer or Petition in open Court the first Week of the Term, or first Day of the Sessions of Oyer and Terminer and General Gaol Delivery, to be brought to his Trial, shall not be indicted and tried the second Term, Sessions of Oyer and Terminer, or Gaol Delivery after his commitment, or upon his Trial shall be acquitted, he shall be discharged from his imprisonment. s. 7. Persons bailed and not indicted the second term or sessions, etc. shall be discharged. Persons charged in debt shall not be discharged. Persons shall not be removed from prison but by Habeas. Provided 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. s. 8. Provided that if any person or persons, Subjects of this Realm, shall be committed to any Prison, or in Custody of any Officer or Officers whatsoever, for any criminal or supposed criminal matter, that the said person shall not be removed from the said Prison and Custody into the Custody of any other Officer or Officers, unless it be by Habeas Corpus, or some other legal Writ, or where the Prisoner is delivered to the Constable, or other inferior Officer, to carry such Prisoner to some Common Gaol, or where any person is sent by order of any Judge of Assize, or Justice of the Peace to any common Workhouse or House of Correction, or where the Prisoner is removed from one Prison or Place to another within the same County, in order to his or her Trial or Discharge in due Course of Law, or in case of sudden fire or infection, or other necessity; and if any person or persons shall, after such commitment aforesaid, make out and sign or countersign any Warrant or Warrants for such removal aforesaid, contrary to this act, as well he that makes or signs or countersigns such Warrant or Warrants, as the Officer or Officers that obey or execute the same, shall suffer and incur the pains and forfeitures in this Act before mentioned, both for the first and second offences respectively, to be recovered in manner aforesaid, by the party grieved. s. 9. Except in case etc. Provided that it shall and may be lawful to and for any prisoner and 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 Chan- Penalty on judges improcellor or Lord Keeper, or any Judge or Judges, Baron or Barons perly denying to for the time being of the degree of the Coif of any of the Courts grant a: Habeas 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 £500. pounds, to be recovered in manner aforesaid. s. 10. Corpus; Habeas may be sent into the counties palatine, cinque And be it declared and enacted, that an Habeas Corpus according to the intent and meaning of this Act 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 ports, etc. Berwick-upon-Tweed, and the Islands of Jersey or Guernsey; any law or usage to the contrary notwithstanding. s. 11. And for preventing illegal imprisonments in Prisons beyond the No subject shall seas, be it enacted, that no Subject of this Realm that now is or hereafter shall be an inhabitant or resiant of this Kingdom of England, Dominion of Wales, or Town of Berwick-upon-Tweed, shall or may be sent prisoner into Scotland, Ireland, Jersey, Guernsey, Tangier, or into Parts, Garrisons, Islands, or Places reign prisons. Penalty of not less than £500 fending herein; on persons of and disability to bear any office of trust or profit. Not to extend to contracts for transportation. Nor to persons convicted of beyond the Seas, which are or at any time hereafter shall be within or without the Dominions of his Majesty, his Heirs or Successors; and that every such imprisonment is hereby enacted and adjudged to be illegal; and that if any of the said subjects now is or hereafter shall be so imprisoned, every such person and persons so imprisoned shall and may for every such imprisonment maintain by virtue of this Act an action or actions of false imprisonment in any of his Majesty's Courts of Record, against the person or persons by whom he or she shall be so committed, detained, imprisoned, sent prisoner, or transported contrary to the true meaning of this Act, and against all or any person or persons that shall frame, contrive, write, seal, or countersign any Warrant or Writing for such commitment, detainer, imprisonment, or transportation, or shall be advising, aiding, or assisting in the same, or any of them; and the plaintiff in every such action shall have judgment to recover his treble costs, besides damages, which damages so to be given shall not be less than five hundred pounds, in which action no delay, stay, or stop of proceedings by rule, &c. nor no injunction, &c. shall be allowed, except such rule of the Court wherein the action shall depend made in open Court, as shall be thought to justice necessary, for special cause to be expressed in the said rule; and the person or persons who shall knowingly frame, contrive, write, seal, or countersign any Warrant for such commitment, detainer, or transportation, or shall so commit, detain, imprison, or transport any person or persons contrary to this Act, or be any ways advising, aiding, or assisting therein, being lawfully convicted thereof, shall be disabled from thenceforth to bear any office of trust or profit within England, Wales, or Town of Berwick-upon-Tweed, or any of the Islands, Territories,or Dominions thereunto belonging, and shall incur and sustain the pains, penalties, and forfeitures of premunire, and be incapable of any pardon from the King, his Heirs or Successors, of the said forfeitures, losses, or disabilities, or any of them. s. 12. This Act not to extend to give any benefit to any person who shall by contract in writing agree with any merchant or owner of any plantation, or other person, to be transported to any parts beyond the seas, and receive earnest upon such agreement, although that afterwards such person shall renounce such con tract. s. 13. If any person or persons lawfully convicted of any felony shall felony and pray in open Court pray to be transported beyond the seas, and the Court shall think fit to leave him or them in prison for that ing to be trans ported. purpose, such person or persons may be transported into any parts beyond the seas, this act notwithstanding. s. 14. If any person or persons at any time resiant in this Realm, shall have committed any capital offence in Scotland or Ireland, or any of the islands or foreign plantations of the King, his Heirs or Successors, where he or she ought to be tried for such offence, such person or persons may be sent to such Place, there to receive such trial, in such manner as the same might have been used before the making of this Act. s. 16. of actions. No person or persons shall be sued, impleaded, molested, or Limitation troubled for any offence against this Act, unless the party offending be sued or impleaded for the same within two years at the most after such time wherein the offence shall be committed, in case the party grieved shall not be then in prison, and if he shall be in prison, then within the space of two years after the decease of the person imprisoned, or his or her delivery out of prison, which shall first happen. s. 17. After the assises proclaimed no person shall be Habeas but shall assise. And to the intent no person may avoid his trial at the Assises or General Gaol Delivery by procuring his removal before the Assises, at such time as he cannot be brought back to receive removed by his trial there, be it enacted, that after the Assises proclaimed be brought before for that county where the prisoner is detained, no person shall be the judge of removed from the Common Gaol upon any Habeas Corpus granted in pursuance of this Act, but upon any such Habeas Corpus shall be brought before the Judge of Assise in open Court, who is thereupon to do what to Justice shall appertain. s. 18. Provided nevertheless, that after the Assises are ended, any person or persons detained may have his or her Habeas Corpus according to the direction and intention of this Act. s. 19. Persons sued for any offence against this Law may plead the General issue. General Issue, and give the special matter in evidence. s. 20. And because many times persons charged with Petty Treason or Felony, or as accessaries thereunto, are committed upon suspicion only, whereupon they are bailable or not according as the circumstances making out that suspicion are more or less weighty, which are best known to the Justices of the Peace that committed the persons, and have the examinations before them, or to other Justices of the Peace in the county; be it therefore enacted, that where any person shall appear to be committed by any Judge or Justice of the Peace, and charged as accessary as accessary before the fact to any Petty Treason or Felony, or upon suspicion thereof, or with suspicion of Petty Treason or Felony, not be removed which Petty Treason or Felony shall be plainly and specially Persons charged with petty trea son or felony, or thereto before the fact, shall |