Page:Ruffhead - The Statutes at Large - vol 3.djvu/445

This page needs to be proofread.

A. D. 1675!'. Anno trlcefimo Carol i II, Stat. 2. 397 Reciifant convict by Virtue of this A£l: ; (2) and {hall be freed and difcharged from all Difabilities and In- ""^'l ^'^ ^>f- capacities incurred tliereby ; (3) fo as fuch Freedom and Difcharge extend not to reftore any fuch Perfon '■^"n'^^ of ^H to any Office or Place filled and fupplied upon Voidance by this Ail: ; (4) nor to any other Office till after -■"^""=*» *=<=• the Expiration of one Year from the taking the faid Oath, and making the Dschration aforefaid ; {<;) nor to make void, or at any Time difcharge the faid Forfeiture of five hundred Pounds, incurred as aforefaid. XIV. Provided always, That nothing in this Ait contained fliall extend to his Royal Highnefs the Duke A Provifoforthe of yi37'/:, Dul;eof York. cermngPapil!!, i TF. & M.Jlat. 1. c. o, z-, ij, & id, 1 1 £? 12 /r. 3. <r. 4. 1^ Am. Jlat.z. c. li^. i Ceo. 1. fta!. 2. c. ss. 2 Geo. i. c.iz'ii'ci" c. 17. 33 Geo. z. c. 13. J . . . z. Anno Regni C AROLi 11. Regis Anglise, Scotis, Francis & Hibernias, tricefimo primo. AT the Parliament begun and held at TVeJiminfler on the fixth Day of March one thoufand fix hun- dred feventy-eight, in the one and thirtieth Year of the Reign of our Sovereign Lord Charles the Second, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, l^c. on the twenty -feventh * Day of AfiTTy one thoufand fix hundred feventy-nine, the following *' The former Afts paffed the Royal Aflent. E.iitions have it C A P. I. the ninth Diy." An AQ. for granting a Supply to his Majefty of two hundred and fix thoufand four hundred fixty-two Pounds feventeen Shillings and Three Pence, for paying off and diftanding the P'orces raifed fince the nine and twentieth of September one thoufand fix hundred feventy-feven, E X P. except the lafl: Claufe. ' LIV. And whereas by the Laws and Cuftoms of this Realm the Inhabitants thereof cannot be com- ^ h. -,. c. i. ' pelled againft their Wills to receive Soldiers into their Houfes, and to fojourn them there;' (2) Be it soldiers 'niail deglared and enafted by the Authority aforefaid, That no OiEcer, Military or Civil, nor any other Perfon not be Qmr- whatever, fliall from henceforth prefume to Place, Quarter or Billet any Soldier or Soldiers upon any Sub- ^"^^ °" '■"Y jeft or Inhabitant of this Realm, of any Degree, Quality or ProfefTion whatever, without his Confent ; ^"f°"' "£?'"'* (3) and that it fhall and may be lawful for every fuch Subjeft and Inhabitant to refufe to Sojourn or Quar- '^^"^ oniem. ter any Soldier or Soldiers, notwithftanding any Command, Order, Warrant or Billeting whatever. Fanher Prmi- ^om relating hereto, zAnn.Jlat,i,c.i. j Geo,!, flat. z. c. Jj. 3 Geo. i. c. 2. 23. Gffl. 2. c, 44. 33 Geo. a. c. 6, 8, ©" 18. And fee the annual Mtit'iny AEis. CAP. 11. An Aft for the better fecuring the Liberty of the Subjeft, and for Prevention of Imprifonments beyond the Seas. ■ HE RE AS great Delays have been ufed by Sheriffs, Gaolers and other OiKcers, to whofe Cuflody any of the King's Subjefts have been committed for Criminal or luppofed Criminal Matters, in

  • making Returns of Writs of Habeas Corpus to them directed, by ftanding out an Alias and Pliiries Habeas

' Corpus, and fbmetimes more, and by other Shifts to avoid their yielding Obedience to fuch Writs, con- ' trary to their Duty and the knov/n Laws of the Land, whereby many of the King's Subjects have been ' and hereafter may be long detained in Prifon, in fuch Cafes where by Law they are Bailable, to their great ' Charges and Vexation :' II. For the Prevention whereof, and the more fpeedy Relief of all Perfons imprifoned for any fuch Cii- minal or fuppofed Criminal Matters ; (z) Be it enaiSted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parlia- ment affembled, and by the Authority thereof. That whenfoever any Perfon or Perfons fhall bring any Ha- V/rits of Habeas h'eas Corpus direfled unto any Sheriff or Sheriffs, Gaoler, Minifler or other Perfon whatfoever, for any Corpus within Perfon in his or their Cuftody, and the faid Writ fhall be ferved upon the faid Officer, or left at the Gaol ;,"? D-")"^ ^"^" or Prifon with any of the Under-Officers, Under-Keepers or Deputy of the faid Officers or Keepers, j'J™" '^ l^' that the faid Officer or Officers, his or their Under-Officers, Under-Keepers or Deputies, fhall within three Body bro"eht/ Days after the Service thereof as aforefaid (unlefs the Commitment aforefaid were for Treafon or Felony, if within twenty plainly and fpecially exprefTed in the Warrant of Commitment] upon Payment or Tender of the Charges Miles, &c. of bringing the faid Prifoner, to be afcertained by the Judge or Court that awarded the fame, and endorfcd ^"- ^' '4' 2°3» -upon the faid Writ, not exceeding twelve Pence ji^r Mile, and upon Security given by his own Bond to '^' pay the Charges of carrying back the Prifoner, if he fhall be remanded by the Court or Judge to which he . Ihall be brought according to the true Intent of this prefent Aft, and that he will not make any Efcape by the Way, make Return of fuch Writ; (3) and bring or caufe to be brought the Body of the Party fo committed or reftrained, 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 faid Court from whence the faid Writ fliall ifllie, or unto and before fuch other Perfon or Perfons before whom the faid Writ is made returnable, acco;ding to the Command thereof; (4) and fliall then likewife certify the true Caufcs of his Detainer or Imprifonment, unlefs the Commitment of the faid Party be in any Place beyond the Diflance of twenty Miles from the Place or Places where fuch Court or Perfon is or fhall be refiding ; and if beyond the Diftance of twenty Miles