April 1650: Further relief for poor Prisoners.

April, 1650

[6 April, 1650.]

Former Act recited, 21 Decemb. 1649.; Habeas Corpus.; Keperes of Prisons may plead the General Issue.

Be it Enacted by this present Parliament, and the Authority thereof, That all such poor Prisoners as have or shall take the Oath prescribed by an Act of this present Parliament, Entituled, An Act for discharging from Imprisonment poor Prisoners, unable to satisfie their Creditors, and shall prosecute their Habeas Corpus, shall upon such Habeas Corpus be permitted by the Keeper and Keepers of the respective Prisons, unto whom such Habeas Corpus shall be directed, to have and enjoy their Liberty to go abroad during the time limited in such Habeas Corpus, upon the personal security of such Prisoner and Prisoners, to render him and themselves at the day of the return of such Habeas Corpus; And that all and every Keeper or Warden of every such Prison and Prisons, be hereby authorized and required upon such Habeas Corpus and security, for which securities no Fees shall be taken, to permit such Prisoner and Prisoners to go at liberty as aforesaid: And that upon any Action of Escape, or other Suit brought or to be brought against any Keeper or Warden of any such Prison for any thing done in obedience to this Act, it shall and may be lawful to and for such Keeper and Warden of such Prison and Prisons, to plead the General Issue, and give this Act in evidence, which shall be a good and sufficient discharge, and shall save harmless every such Keeper and Warden of any Prison pleading the same; and if the Plaintiff in such Action shall be non-suit, or Verdict pass against him, the Defendant shall have double costs, to be taxed by the Court where such Action shall be brought, Provided always, That such Liberty as aforesaid shall not be deemed to extend to discharge such Prisoner and Prisoners out of Execution, but that such person and persons, and his and their Lands and Estates shall remain lyable to such Execution, in such sort as by the Act beforementioned is provided, and as if the said person or persons had not gone abroad by vertue of any such Habeas Corpus, Any Law, Statute or Custom to the contrary notwithstanding.

Lords Commissioners of the Great Seal authorized to grant Habeas Corpus.

And it is hereby further Enacted and Declared, that the Lords Commissioners for the Great Seal of England, shall and may, and are hereby authorized to grant one or more Writs of Habeas Corpus, to any Keeper or Warden of any Prison in England or Wales, for any person or persons that have or shall take their respective Oaths, according to the said Act herein before recited; and the respective Keepers or Wardens of Prisons to whom such Writ or Writs of Habeas Corpus shall be directed, shall give obedience thereunto, and return the same with the Bodies of their respective Prisoners accordingly.