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Habeas Corpus Act，1679
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 such cases where by law they are bailable，to their great charges and vexation.
For the prevention whereof，and the more speedy relief of all 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，in this present Parliament assembled，and by the authority thereof. That whensoever any person or persons shall bring any habeas corpus directed unto any sheriff or sheriffs，gaoler，minister or other person whatsoever，for any person in his or their custody，and the said writ shall be served upon the said officer，or left at the gaol or prison with any of the under-officers，under-keepers，or deputy of the said officers or keepers，that the said officer or officers，his or their under-officers，under-keepers or 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 endorsed 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 which 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 no longer.
And to the intent that no sheriff，gaoler or other officer，may pretend ignorance of the import of any such writ；be it enacted by the authority aforesaid，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，unless for felony or treason plainly expressed in the warrant of commitment，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 of legal process）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，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 authorized and required，upon request made in writing by such person or persons，or any on his，her，or their behalf，attested and subscribed by two witnesses who were present at the delivery of the same，to award and grant 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 whose custody the party so committed or detained shall be，returnable immediate before the said Lord Chancellor or Lord Keeper or such 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 offense，for his or their appearance in the Court of the 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 offense was committed，or in such other court where the said offense 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 unto 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 offenses for the which by the law the prisoner is not bailable.
Provided always，and be it enacted，that if any person shall have willfully neglected by the space of two whole terms after his imprisonment，to pray a Habeas Corpus for his enlargement，such person so willfully neglecting shall not have any Habeas Corpus to be granted in vacation time，in pursuance of this act.
And be it further enacted by the authority aforesaid，that if any officer or officers，his or their under-officer or under-officers，under-keeper or under-keepers，or deputy，shall neglect or refuse to make the returning 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 prison or person in his behalf，shall refuse to deliver，or within the space of six hours after demand shall not deliver to said 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 prisoner，and such other person in whose custody the prisoner shall be detained，shall for the first offense forfeit to the prisoner or party grieved the sum of one hundred pounds；and for the second offense 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，suit，bill，plaint or information，in any of the King’s Courts at Westminster ，wherein no essoin，protection，privilege，injunction，wager of law，or stay of prosecution by non vult ulterius prosequi or otherwise，shall be admitted or allowed，or any more than on one imparlance；and any recovery or judgment at the suit of any party grieved，shall be a sufficient conviction for the first offense；and any after recovery or judgment at the suit of a party grieved for any offense after the first judgment，shall be a sufficient conviction to bring the officers or person within the said penalty for the second offense.
And for the prevention of unjust vexation by reiterated commitments for the same offense；be it enacted by the authority aforesaid，that no person or persons which shall be delivered or sit at large upon any Habeas Corpus shall at any time hereafter be again imprisoned or committed for the same offense 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 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 offense or pretended offense，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 pretense or variation in the warrant or warrants of commitment notwithstanding，to be recovered as aforesaid.
Provided always，and be it further enacted，that if any person or persons shall be committed for high treason or felony，plainly andspecially 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 trial，shall not be indicted some time in the next term，Session of Oyer and Terminer ，or general gaol delivery，after such 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，Session 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，Session 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 Session of Oyer and Terminer and general gaol delivery，to be brought to his trial，shall not be indicted and tried the second term，Session of Oyer and Terminer or general gaol delivery，after his commitment，or upon his trial shall be acquitted，he shall be discharged from his imprisonment.
Provided always，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 offense，he shall be kept in custody according to the law，for such other suit.
Provided always，and be it enacted by the authority aforesaid，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 so sent by order of any Judge or 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 to 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 offenses respectively，to be recovered in manner aforesaid by the party grieved.
Provided also，and be it further enacted by the authority aforesaid，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 Chancellor or Lord Keeper，or any Judge or Judges，Baron or Barons for the time being of the degree of the coif，of any of the Courts aforesaid，in the vacation time，upon such 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 pounds，to be recovered in manner aforesaid.
And be it declared and enacted by the authority aforesaid，that an Habeas Corpus ，according to the true intent and meaning of this act，may be directed and seen in any county Palatine，the Cinque Ports，or other privileged places within the Kindgom of England，dominion of Wales，or town of Berwick upon Tweed，and the islands of Jersey and Guernsey；any law or usage to the contrary notwithstanding.
And，for preventing illegal imprisonments in prisons beyond the seas，be it further enacted by the authorities aforesaid 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 forts，garrisons，islands，or places 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 proceeding by rule，order，or command，nor no injunction，protection，or privilege whatsoever，nor any more than one imparlance，shall be allowed，excepting such rule of the Court wherein the action shall depend，made in open Court，as shall be thought in 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 way advising，aiding，or assisting therein，being lawfully convicted thereof，shall be disabled from thenceforth to bear any office of trust or profit within the said realm of England ，dominion of 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 limited，or denied，and provided，in and by the statute of Provision and Praemunire made in the sixteenth year of King Richard the Second；and be incapable of any pardon from the King，his heirs or successors，of the said forfeitures，losses or disabilities or any of them.
Provided always，that nothing in this act shall extend to give benefit to any person who shall by contract in writing agree with any merchant or owner of any plantation，or other person whatsoever，to be transported to any parts beyond the seas，and receive earnest upon such agreement，although that afterwards such person shall renounce such contract.
Provided always，and be it enacted，that if any person or persons，lawfully convicted of any felony，shall 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 purpose，such person or persons may be transported into any parts beyond the seas；this act，or anything therein contained to the contrary notwithstanding.
Provided also，and be it enacted，that nothing herein contained shall be deemed，construed，or taken，to extend to the imprisonment of any person before the first day of June，one thousand six hundred seventy and nine，or to any thing advised，procured or otherwise done，relating to such imprisonment；any thing herein contained to the contrary notwithstanding.
Provided also，that if any person or persons at any time resiant in this realm，shall have committed any capital offense in Scotland or Ireland ，or any of the islands，or foreign plantation of the King，his heirs or successors，where he or she ought to be tried for such offense，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；any thing herein contained to the contrary notwithstanding.
Provided also，and be it enacted，that no person or persons shall be sued，impleaded，molested，or troubled for any offense 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 offense shallbe 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.
And，to the intent no person may avoid his trial – or general gaol delivery by procuring his removal before the Assizes，at such time as he cannot be brought back to receive his trial there，be it enacted，that after the Assizes proclaimed for that county where the prisoner is detained，no person shall be removed from the common gaol under any Habeas Corpus granted in pursuance of this act，but upon any such Habeas Corpus shall be brought before the Judge of Assizes in open Court，who is thereupon to do what to justices shall appertain.
Provided nevertheless，that after the Assizes are ended，any person or persons detained，may have his or her Habeas Corpus according to the direction and intention of this act.
And be it also enacted by the authority aforesaid，that if any information，suit，or action shall be brought or exhibited against any person or persons for any offense committed or to be committed against the form of this law，it shall be lawful for such defendant to plead the general issue，that they are not guilty，or that they owe nothing，and to give such special matter in evidence to the jury that shall by the same，which matter being pleaded had been good and sufficient matter in law to have discharged the said defendant or defendants against the said information，suit，or action，and the said matter shall be then as available to him or them，to all intents and purposes，as if he or they had difficiently pleaded，set forth，or alledged，the same matter in bar or discharge of such information，suit，or action.
And because many times persons charged with petty treason or felony，or as acceptances thereunto，are committed upon suspicion only，whereupon they are bailable，or not，according as the circumstances making out that suspicions are more or less weighty，which are best known to the Justices of 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 when any person shall appear to be committed by any Judge or Justice of the Peace，and charged as accessory before the fact，to any petty treason or felony，or upon suspicion thereof，or with suspicion of petty treason or felony，which petty treason or felony shall be plainly and specially expressed in the warrant of commitment，that such person shall not be removed or bailed by virtue of this act，or in any other manner than they might have been before the making of this act.
Statutes of the Realm ，Volume 5：1628-1680，London，1819，pp. 935-938.
《人身保护法》是1679年英国颁布的保护人身权利的立法，被英国人誉为“人身自由的基石”。
其实《人身保护法》的前身《人身保护令》可以追溯到中世纪。早在公元12世纪的时候，国王亨利二世就签发了类似的法庭手令。在法庭手令中规定人民有向皇室申诉的权利。如果有百姓被贵族法庭拘押，那么英国国王就可以发出手令，将受押者交给皇室法庭，直接接受国王的审判。这在当时的条件下可以一定程度地保护平民百姓的利益，虽然国王的初衷是限制贵族权力。到了1640年英国首次通过了《人身保护令》，到1679年正式通过了《人身保护法》。
《人身保护法》的颁布有着深刻的背景。在17世纪前期，英国爆发内战，最终国王战败并被押上断头台，克伦威尔上台执政并建立英吉利共和国。但是当时实行共和国制在英国的基础并不那么稳固，许多人还是很怀念帝制时代。因此，当护国主克伦威尔去世后，整个英国马上陷入动荡之中。最终大部分人倾向于恢复帝制，于是斯图亚特王朝复辟，查理二世上台，可是他却违背了之前承诺的《布雷达宣言》
，开始大肆迫害新教徒和反王权派，要求他们偿还在内战期间占领的皇室和贵族土地，并且随意逮捕人民，造成恐慌。为了维护利益，保证英国革命的成果，代表新兴工商业资产阶级的辉格党援引旧例，通过议会制定《人身保护法》，迫使英王查理二世签署生效。
《人身保护法》共20条，主要内容是：
第一条规定被逮捕的臣民及其亲友有权请求法院发给人身保护令状，要求限期将被捕者移交给审判机关，也就是说，规定了人身保护令状要及时发放。
第二条规定除叛国罪及遭遇战争或在其他紧急情况下，若没有法院签发的写明理由的逮捕证，不得逮捕和羁押任何人。
第三条规定凡羁押后两季内，故意不呈请颁发人身保护令状而申请停止羁押者，在假期内不得依据本律签发此项令状。
第四条规定各官吏，或其属员，或管狱员，或助理员，延误或拒绝上呈，或在上列规定各期间内不依令状之规定解送在押人犯者，或经羁押之被告本人或他人请求抄发押票或拘留状而不于六小时内依本律规定抄给者，其主管狱官应当受到处罚。首次一百镑罚金交给各被告或受害人。再犯时应处罚金二百镑，并褫夺其任职及执行职务之权。也就是说，如果人身保护令状没有得到及时的颁发，就可以从国家那里获得补偿。
第五条规定不得以同一罪名再度逮捕已准予保释的人犯；如果这么做，当事人可以从国家那里同样获得赔偿。
第六条规定审判机关应尽快审核逮捕的理由，若理由不成立，则立即放人；若理由成立，则审判机关应决定保释或继续羁押，以待审判。
第七条规定排除范围：本条例不适用因民事案件而被羁押的被告。
第八条规定除非特殊原因，不得将被羁押者移交到其他监狱或者看守所。如果国家这么做，就要对被羁押者给予赔偿，赔偿根据初犯还是再犯有所不同。
第九条规定被羁押者请求颁发人身保护令状，而没有被允许，那么可以向最高裁判法院、司税大臣裁判院、皇座法院或民诉法院起诉，索要赔偿。
第十条规定人身保护法的空间范围，凡皇权直辖各郡，南海岸之五港，或英吉利帝国境内各特许地，威尔士自治区，特威德河旁之贝里克郡，泽西岛或根西岛，不论当地之习惯如何，概适用人身保护令状。
第十一条规定英国臣民不得被送往海外领地拘禁。为防止海外非法监禁起见，特规定如下：凡帝国人民现在或将来居住于英吉利帝国，威尔士自治区及特威德河旁之贝里克郡者，不得监禁于苏格兰、爱尔兰、泽西、根西、丹吉尔，或隶属于国皇及其继承人与后裔之海外殖民地领域内外各部、各兵房、各岛屿或处所。此项监禁一律认为非法。
第十二条规定凡以书面与商人，或殖民地所有人，或他人签订以移送其本人至海外为目的之契约，并预交定金者，虽嗣后经本人否认所订契约，仍不得享受本律规定之利益。
第十三条规定重罪犯依法审判后，当庭请求移送海外，经法院认为适当者，本律虽有相反之规定，仍得移送之。
第十四条规定时间效力，即监禁在1679年6月1日以前者，不适用本律。
第十五条规定被判处死刑者只能在其居住地处死。
第十六条规定被羁押追索赔偿的诉讼时效为2年。自其出狱时起开始计算。
第十七条规定为了防止审判不能如期进行，在审判期规定之后，在押犯就不能申请将自己移交到公共监狱。
第十八条规定审判期终止之后，在押人根据法律规定可以请求签发人身保护令状。
第十九条规定被告的辩护权。
第二十条规定重犯不能保释。
但上述规定不适用于叛国犯和重罪犯；战时或遇紧急状态须停止《人身保护法》的效力。此法令最初在英格兰颁布实施，苏格兰和爱尔兰分别于1701年和1782年颁布同样法令。1816年英格兰又增加规定，可在巡回法院和季度法庭休庭期间签发人身保护令状。1862年扩大《人身保护法》的适用范围。1960年又做了进一步修改。
《人身保护法》目的在于限制王权和司法机关的专横，该法颁布之后，不仅对维护司法审判活动中的人身权利起过一定作用，而且为英国后来的司法制度的建立提供了法律基础和根据。由于人们对滥用审前羁押的不满，英国因此创设了救济性措施。人身保护令制度被英国人誉为“人身自由的基石”，并成为国际上解决超期羁押问题的通行做法。《人身保护法》将早在公元12世纪就已开始存在的保护人身权利的制度法律化，确立了近代意义上的人身自由权利，可以说是标志着人类对个人人权的法律保护的真正开始，产生了十分深远的影响，成为人权史上浓墨重彩的一笔。《人身保护法》在世界宪法史上占有重要地位。它和1689年的《权利法案》、1700年的《王位继承法》等几个文件一起，确立了后来英国的君主立宪制度，它是17世纪英国“光荣革命”的一个至关重要的阶段性成果。实际上，《人身保护法》并没有列举和肯定任何实在的权利，而是着重于阐述如何限制司法机关非法逮捕拘禁的法律程序。尽管如此，这项法律，对于限制行政和司法机关的专横，加速法院审判，维护刚刚建立的资产阶级法律程序，具有进步意义。人身保护令制度的产生得力于资产阶级革命的推动，民主、自由、天赋人权等进步思想推动了人们对人权的重视，充分体现了英国自由主义者保护人权的初衷。这一法案，对我国今天的法制建设还有借鉴意义。
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