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No. III. examine or determine any matter or thing whatsoever, in the said court 16 Charles I. commonly called the Star-Chamber, or to make, pronounce or deliver
any judgment, sentence, order or decree, or to do any judicial or mic. 10.
nisterial Act in the said court: And that all and every Act and Acts of Parliament, and all and every article, clause and sentence in them, and every of them, by which any jurisdiction, power or authority is given, limited or appointed unto the said court commonly called the StarChamber, or unto all or any the judges, officers or ministers thereof, or for any proceedings to be had or made in the said court, or for any matter or thing to be drawn into question, examined, or determined there, shall for so much as concerneth the said court of Star-Chamber, and the power and authority thereby given unto it, be from the said first day of August repealed, and absolutely revoked and made
void. Like jurisdic- iv. And be it likewise enacted, That the like jurisdiction now used tion in several and exercised in the court before the president and council in the other courts re- marches of Wales; and also in the court before the president and counpealed and tak- cil established in the northern parts ; and also in the court commonly en away. called the court of the duchy of Lancaster, held before the chancellor
and council of that court; and also in the Court of Exchequer of the county palatine of Chester held before the chamberlain and council of that court; the like jurisdiction being exercised there, shall from the said first day of August, One thousand six hundred forty and one, be also repealed and absolutely revoked and made void ; any law, prescrip
tion, custom or usage, or the said statute made in the third year of 3 H. 7. c. l. King Henry the Seventh, or the statute made in the one and twentieth 21 H. 8. c. 20. of Henry the Eighth, or any Act or Acts of Parliament heretofore had No court or or made, to the contrary thereof in any wise notwithstanding : And that council to have from henceforth no court, council or place of judicature, shall be the like juris- erected, ordained, constituted, or appointed within this realm of Engdiction. land, or dominion of Wales, which shall have, use or exercise the same
or the like jurisdiction as is or hath been used, practised, or exercised
in the said court of Star-Chamber. The King or V. Be it likewise declared and enacted by the authority of this prehis Privy coun- sent Parliament, That neither his Majesty, nor his Privy Council, have cil shall not or ought to have any jurisdiction, power or authority, by English bill, have jurisdic- petition, articles, libel, or any other arbitrary way whatsoever, to ex• tion over any
amine or draw into question, determine or dispose of the lands, teneman's estate.
ments, hereditaments, goods or chattels of any the subjects of this kingdom; but that the same ought to be tried and determined in the ordinary courts of justice, and by the ordinary course of the
law. Penalties upon VI. And be it further provided and enacted, That if any Lord Changreat officers cellor, or Keeper of the Great Seal of England, Lord Treasurer, Keeper and others for
of the King's Privy Seal, President of the Council, Bishop, Temporal the first of
Lord, Privy Counsellor, judge or justice whatsoever, shall offend, or do fence.
any thing contrary to the purport, true intent and meaning of this law, then he or they shall for such offence forfeit the sum of five hundred pourds of lawful money of England unto any party grieved, his executors or administrators, who shall really prosecute for the same, and first obtain judgment thereupon, to be recorded in any court of record at Westminster, by action of debt, bill, plaint, or information, wherein no essoin, protection, wager of law, aid prayer, privilege, injunction, or
order of restraint, shall be in any wise prayed, granted or allowed, nor Second offence. any more than one imparlance : And if any person against whom any
such judgment or recovery shall be had as aforesaid, shall after such judgment or recovery offend again in the same, then he or they for such offence shall forfeit the sum of one thousand pounds of lawful money of England unto any party aggrieved, his executors or administrators, who shall really prosecute for the same, and first obtain judgment thereupon, to be recorded, in any court of Record at Westininster, by action of debt, bill, plaint, or information, in which no essoin, protection, wager of law, aid prayer, privilege, injunction, or order of restraint, shall be in any wise prayed, granted, or allowed, nor any more than No. III. one imparlance: And if any person against whom any such second 16 Charles I. judgment or recovery shall be had as aforesaid, shall, after such judg
c. 10. ment or recovery, offend again in the same kind, and shall be thereof duly convicted by indictment, information, or any other lawful way or Third offence. means, that such person so convicted shall be from thenceforth disabled, and become, by virtue of this Act, incapable, ipso facto, to bear his and their said office and offices respectively; and shall be likewise disabled to make any gift, grant, conveyance, or other disposition of any of his lands, tenements, hereditaments, goods, or chattels, or to take any benefit of any gift, conveyance, or legacy to his own use.
VII. And every person so offending shall likewise forfeit and lose Treble damaunto the party grieved, by any thing done contrary to the true intent ges to the party and meaning of this law, his treble damages which he shall sustain and grieved. be put unto by means or occasion of any such act or thing done, the same to be recovered in any of his Majesty's courts of Record at Westminster, by action of debt, bill, plaint, or information, wherein no essoin, protection, wager of law, aid prayer, privilege, injunction, or order of restraint, shall be in anywise prayed, granted or allowed, nor any more than one imparlance.
vill. And be it also provided and enacted, That if any person shall Every person hereafter be committed, restrained of his liberty, or suffer imprison- committed ment, by the order or decree of any such court of Star-Chamber, or contrary to this other court aforesaid, now or at any time hereafter, having, or pre
Act shall have tending to have, the same or like jurisdiction, power, or authority, to an Habeas Corcommit or imprison as aforesaid, or by the command or warrant of the pus. King's Majesty, his heirs or successors, in their own person, or by the command or warrant of the council-board, or of any of the Lords or others of his Majesty's Privy Council ; that in every case every person so committed, restrained of his liberty, or suffering imprisonment, upon demand or motion made by his council, or other employed by him for that purpose, unto the judges of the Court of King's Bench or Common Pleas, in open court, shall, without delay, upon any pretence whatsoever, for the ordinary fees usually paid for the same, have forthwith granted unto him a writ of habeas corpus, to be directed generally unto all and every sheriffs, gaoler, minister, officer, or other persons in whose custody the party committed or restrained shall be, and the sheriffs, gaoler; minister, officer, or other person in whose custody the party so committed or restrained shall be, shall, at the return of the said writ, and according to the command thereof, upon due and convenient notice thereof given unto him, at the charge of the party who requireth or procureth such writ, and upon security by his own bond given, to pay the charge of carrying back the prisoner, if he shall be remanded by the court to which he shall be brought, as in like cases hath been used, such charges of bringing up and carrying back the prisoner to be always ordered by the couri, if any difference shall'arise thereabout, bring, or cause to be brought, the body of the said party so committed or restrained unto and before the judges or justices of the said court from whence the said writ shall issue, in open court, and shall then likewise certify the true cause of such his detainer or imprisonment, and thereupon the court, within three court days after such return made and delivered in open court, shall proceed to examine and determine whether the cause of such commitment appearing upon the said return be just and legal, or not, and shall thereupon do what to justice shall appertain, either by delivering, bailing or remanding the prisoner : And if any thing shall be otherwise wilfully done, or omitted to be done, by any judge, justice, officer, or other person aforementioned, contrary to the direction and true ineaning, hereof, that then such person so offending shall forfeit to the party grieved his treble damages, to Treble damabe recovered by such means, and in such manner as is formerly in this
ges in default. Act limited and appointed for the like penalty to be sued for and recovered.
No.III. IX. Provided always, and be it enacted, That this Act, and the seve- : 16 Charles I. ral clauses therein contained, shall be taken and expounded to extend
only to the court of Star-Chamber, and to the said courts holden before c. 10.
the president and council in the marches of Wales, and before the pre
sident and council in the vorthern parts, and also to the court comTo what courts monly called the court of the Duchy of Lancaster, holden before the this Act shall
Chancellor and council of that court, and also in the Court of Excheextend.
quer of the county palatine of Chester, held before the chamberlain and council of that court, and to all courts of like jurisdiction to be hereafter erected, ordained, constituted, or appointed, as aforesaid ; and to the warrants and directions of the council-board, and to the commitments, restraints, and imprisonments, of any person or persons made, commanded, or awarded, by the King's Majesty, his heirs or successors, in their own person, or by the Lords and others of the privy
council, and every one of them. Offenders A- X. And lastly provided, and be it enacted, That no person or pergainst this Act sons shall be sued, impleaded, molested, or troubled, for any offence shall be im
against this present Act, unless the party supposed to have so offended pleaded within shall be sued or impleaded for the same within two years at the most two years after
after such time wherein the said offence shall be comunitted. any offence.
[ No. IV.) 31 Charles II. c. 2.-An Act for the better
securing the liberty of the subject, and for prevention
of imprisonment beyond the seas. (1) 31 Charles II. " c. 2.
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 (1) of the passing of this important Act Bi- ch. 7, 19; 7 & 8 W. III. c. 11; 6 Anne, c. 15; shop Burnet relates the following extraordi- 7 Anne, c. 9; 1 Geo. I. ch. 8, 30; 17 Geo. II. nary anecdote ; Vol. I. p. 485 :-" It was car- c. 6; 19 Geo. II. c. 1;. 34 Geo. III. c. 54; ried by an odd artifice in the House of Lords. which was followed by subsequent Acts during Lord Grey and Lord Norris were named to be the then existing war. See the discussion on the tellers. Lord Norris being a man subject to the writ of habeas corpus by Lord Chief Justice the vapours was not at all times attentive to Wilmot, in his Reports, p. 77; some parts of what he was doing ; so a very fat lord coming in, which have been superseded by the enactments Lord Grey counted him for ten, as a jest at in the following number. first; but seeing Lord Norris had not observed The recent alteration of the law, although it, he went on with this mis-reckoning of ten: necessary to give effect to the spirit and princiso it was reported to the house, and declared ples of the former enactment, did not pass that they who were for the bill were the ma- without considerable opposition; but the argujority ; though, indecd, it went on the other ments against it seemed principally to consist side: and by this means the bill passed.” in the usual topic of the dangers of innovation.
Whatever doubt may be entertained of the The opposition was, in a previous session, attruth of this anecdote, it may at least be taken tended with success; and the final adoption of for granted that such a story could not have the measure may seem as a lesson to those, become current unless there had been, in fact, whose attention is directed to beneficial alteraa strong opposition to the measure. For the tions of the law, not to be discouraged by a reasons of passing the Act, see 3 Bla. Com. temporary failure. 135.
The liberty of the subject would be mateThe Act has been at various times suspended, rially promoted by giving the judges a discrewith respect to the power of imprisonment of tionary power to discharge from illegal comthe crown, upon occasions of public alarm; mitments, by rule of court or order, without such suspensions usually being for a very short the necessity of the actual appearance of the period. The general title given to such tempo- party, which, in most cases, has no other effect rary acts has been, " An Act to empower his than a great accumulation of expense, and the Majesty to secure and detain such persons as necessity of which often occasions a mutual his Majesty shall suspect are conspiring against failure of justice; as any person who has been his person and governments' The following in the habit of perusing the calendars of courts are Acts of this description : 1 W. & M. s. 1. of quarter sessions will be easily convinced.
• such cases where by law they are bailable, to their great charges and No.IV. ' vexation :
31Charles II. II. For the prevention whereof, and the more speedy relief of all
c. 2. 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,
Writs of habeas in this present Parliament assembled, and by the authority thereof, That corpus within
three days after whensoever any person or persons shall bring any habeas
service to be anto any sheriff or sheriffs, gaoler, minister or other person whatsoever, returned, and for any person in his or their custody, and the said writ shall be served the body upon the said officer, or left at the gaol or prison with any of the under- brought, if officers, under-keepers, or deputy of the said officers or keepers, that within twenty the said officer or officers, his or their under-officers, under-kcepers or miles, &c. deputies, shall within three days after the service thereof as aforesaid (unless the commitment aforesaid were for treason or felony, plainly and 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 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 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 and 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 aforesaid, and not longer.
III. And to the intent that no sheriff, gaoler, or other officer may Such writs how pretend ignorance of the import of any such writ; Be it enacted by the to be marked. authority aforesaid, That all such writs shall be marked in this manner, Writs of habeas Per statulum tricesimo primo Caroli Secundi Regis, and shall be signed corpus, and the by the person that awards the same; and if any person or persons shall proceedings be or stand committed or detained as aforesaid, for any crime,(1) un- thereon in valess for felony or treason plainly expressed in the warrant of commit- cation time. ment, in the vacation-time, and out of term, it shall and may be lawful to and for the person or persons so committed or detained (other than persons convict or in execution by legal process) or any one in his or their behalf, to appeal or complain to the Lord Chancellor or Lord Kecper, 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 Chancellor, Lord Keeper, justices or barons, or any of them, upon view of the copy or copies of the warrant or warrants of commitment and detainer, or otherwise upon oath made that such copy or copies were denied to be given by such person or persons in whose custody the prisoner or prisoners is or are detained, are hereby authorised and required, upon request made in writing by such person or persons, or any on his, her or their behalf, attested and subscribed by iwo witnesses who were present at the delivery of the same, to award
an habeas corpus under the seal of such court whereof he shall then be one of the judges, to be directed to the officer or officers in
(1) Q. If a commitment by a justice of to subject the gaoler to the penalties in sect. 5; peace on conviction in a penalty under the ex- Huntley v. Luscombe, 2 B. and P. 530. cise laws is a commitment for a crime, so as
No. IV. whose custody the party so committed or detained shsll be, returnable 31Charles ll. immediate before the said Lord Chancellor or Lord Keeper, or such c. 2,
justice, baron, or any other justice or baron of the degree of the coif of any of the said courts; and upon service thereof as aforesaid, the officer or officers, his or their under-officer or under-officers, under-keeper or under-keepers, or their deputy, in whose custody the party is so committed or detained, shall within the times respectively before limited, bring such prisoner or prisoners before the said 'Lord Chancellor or Lord Keeper, or such justices, barons, or one of them, before whom the said writ is made returnable, and in case of his absence before any other of them, with the return of such writ, and the true causes of the commitment and detainer; and thereupon within two days after the party shall be brought before them, the said Lord Chancellor or Lord Keeper, or such justice or baron before whom the prisoner shall be brought as aforesaid, 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, or in such other court where the said offence is properly cognizable, as the case shall require, and then shall certify the said writ with the return thereof, and the said recognizance or recognizances into the said court where such appearance is to be made ; unless it shall appear unto the said Lord Chancellor or Lord Keeper, or justice or justices, or baron or barons, that the party so committed 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 justice or justices of the peace, for such matters or offences for the which by the law the pri
soner is not bailable. (1) Persons neg
IV. Provided always, and be it enacted, That if any person shall have lecting two
wilfully neglected by the space of two whole terms after his imprisonterms to pray a
ment, to pray a habeas corpus for his enlargement, such person so wilhabeas corpus, fully neglecting shall not have any habeas corpus to be granted in vacanone in va- tion-time, in pursuance of this Act. cation time, in pursuance of this Act. Officers how to
V. And be it further enacted by the authority aforesaid, That if any be proceeded
officer or officers, his or their under-officer or under-officers, underagainst for not keeper or under-keepers, or deputy, shall neglect or refuse to make obeying such the returns aforesaid, or to bring the body or bodies of the prisoner or writs.
prisoners according to the command of the said writ, within the respective times aforesaid, or upon demand (2) 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 (4) of debt, suit, bill,
plaint or information, in any of the King's courts at Westminster, (1) It is the constant practice of the court, (2) Demand on the turnkey, the gaoler benotwithstanding the warrant of commitment being accessible, is not sufficient to subject the defective, to remand the prisoners, if it appear, gaoler to the penalty; Huntley v. Luscombe, on reading the depositions, that there is a fair 2 B. & P. 530. ground to authorize them; Rex v, Marks, 3 (3) The plaintiff in such action is cntitled ist. 157.
to costs; Ward v. Snell, I H. B. 10.