Habeas Corpus Act of the Restoration

( 1679 ) Commentary by Peter Robinson, University of Tokyo, Japan

“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 avoid their yielding obedience to such writs, contrary to their duty and the known laws of the land.” - Clause I
“Whensoever any person … shall bring any habeas corpus … the said officer … shall within three days after the service thereof … bring … the body of the party … 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.” - Clause II
“The said lord 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 … are herby authorized and required, upon request made in writing … to award and grant an habeas corpus.” - Clause III

Engraving of Charles II by Pieter Stevens van Gunst (Yale University Art Gallery)

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