Community Law Resource Group

IMPERIAL ACTS BY STATE ALL LEAVING OUT THE
Commonwealth of Australia Constitution Act 1900 and Coronation Oath 1688
( Imp), and others of importance.

Imperial Acts Application Act 1980 - SECT 8 ( Victoria)

PART II TRANSCRIBED ENACTMENTS

Transcribed enactments

8. Transcribed enactments

The enactments referred to in section 3 of this Act shall have effect and be

construed as provided by that section and are set out in this Part under the

Divisions mentioned in section 1 as being included in Part II and such

Divisions shall be deemed to be Divisions of this Part.

Division 1-Elections [1275] 3 Edward I (State of Westminster the First) C.V.

And because elections ought to be free, the King commandeth upon great

forfeiture, that no man by force of arms, nor by malice, or menacing, shall

disturb any to make free election.

Division 2-Habeas corpus [1640] 16 Charles I c. X An Act for the regulating of

the privy council, and for taking away the court commonly called the

star-chamber. Whereas by the great charter many times confirmed in parliament,

it is enacted, That no freeman shall be taken or imprisoned, or disseised of

his freehold or liberties or free customs, or be outlawed or exiled or

otherwise destroyed, and that the King will not pass upon him, or condemn him;

but by lawful judgement of his peers, or by the law of the land: (2) and by

another statute made in the fifth year of the reign of King Edward the Third,

it is enacted, That no man shall be attached by any accusation, nor forejudged

of life or limb, nor his lands, tenements, goods or chattels seized into the

King's hands, against the form of the great charter and the law of the land:

(3) and by another statute made in the five and twentieth year of the reign of

the same King Edward the Third, it is accorded, assented and established, That

none shall be taken by petition or suggestion made to the King, or to his

council, unless it be by indictment or presentment of good and lawful people

of the same neighbourhood where such deeds be done, in due manner, or by

proceeds made by writ original at the common law, and that none be put out of

his franchise or freehold, unless he be duly brought in to answer, and

forejudged of the same by the course of the law, and if any thing be done

against the same, it shall be redressed and holden for none: (4) and by

another statute made in the eight and twentieth year of the reign of the same

King Edward the Third, it is amongst other things enacted, That no man of what

estate or condition forever he be, shall be put out of his lands or tenements,

nor taken, nor imprisoned, nor disinherited, without being brought in to

answer by due process of law: (5) and

by another statute made in the two and fortieth year of the reign of the said

King Edward the Third, it is enacted, That no man be put to answer, without

presentment before justices, or matter of record, or by due process and writ

original, according to the old law of the land, and if any thing be done to

the contrary, it shall be void in law, and holden for error: (6) and by

another statute made in the six and thirtieth year of the same King Edward the

Third, it is amongst other things enacted, That all pleas which shall be

pleaded in any courts before any of the King's justices, or in his other

places, or before any of his other ministers, or in the courts and places of

any other lords within the realm, shall be entered and enrolled in Latin: (7)

and whereas by the statute made in the third year of King Henry the Seventh,

power is given to the chancellor, the lord treasurer of England for the time

being, and the keeper of the King's privy seal, or two of them, calling unto

them a bishop and a temporal lor d of the King's most honourable council, and

the two chief justices of the King's bench and common pleas for the time

being, or other two justices in their absence, to proceed as in that act is

expressed, for the punishment of some particular offences therein mentioned:

(8) and by the statute made in the one and twentieth year of King Henry the

Eighth, the president of the council is associated to join with the lord

chancellor and other judges in the said statute of the Third of Henry the

Seventh mentioned: (9) but the said judges have not kept themselves to the

points limited by the said statute, but have undertaken to punish where no law

doth warrant, and to make decrees for things having no such authority, and to

inflict heavier punishments than by any law is warranted.

II. And for asmuch as all matters examinable or determinable before the said

judges, or in the court commonly called the star-chamber, may have their

proper remedy and redress, and their due punishment and correction, by the

common law of the land, and in the ordinary course of justice elsewhere: (2)

and forasmuch as the reasons and motives inducing the erection and continuance

of that court do now cease: (3) and the proceedings, censures and decrees of

that court, have by experience been found to be an intolerable burthen to the

subjects, and the means to introduce an arbitrary power and government: (4)

and forasmuch as the council-table hath of late time assumed unto itself a

power to intermeddle in civil causes and matters only of private interest

between party and party, and have adventured to determine of the estates and

liberties of the subject, contrary to the law of the land and the rights and

privileges of the subject, by which great and manifold mischiefs and

inconveniencies have arisen and happe ned, and much incertainty by means of

such proceedings hath been conceived concerning mens rights and estates; for

settling whereof, and preventing the like in time to come.

III. Be it ordained and enacted by the authority of this present parliament,

That the said court commonly called the star-chamber, and all jurisdiction,

power and authority belonging unto, or exercised in the same court, or by any

of the judges, officers or ministers, thereof, be from the first day of August

in the year of our Lord God one thousand six hundred forty and one, clearly

and absolutely dissolved, taken away and determined: (2) and that from the

said first day of August neither the lord chancellor, or keeper of the great

seal of England, the lord treasurer of England, the keeper of the King's privy

seal, or president of the council, nor any bishop, temporal lord, privy

counsellor or judge, or justice whatsoever, shall have any power or authority

to hear, examine or determine any matter or thing whatsoever, in the said

court commonly called the star-chamber, or to make, pronounce or deliver any

judgement, sentence, order or decree, or to do any judicial or ministerial act

in the said court: (3) a nd 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 star-chamber, or unto all or any of 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 unto 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.

IV. And be it likewise enacted, That the like jurisdiction now used and

exercised in the court before the president and council in the marches of

Wales: (2) and also in the court before the president and council established

in the northern parts: (3) and also in the court commonly called the court of

the duchy of Lancaster, held before the chancellor and council of that court:

(4) and also in the court of exchequer of the county palatine of Chester, held

before the chamberlain and council of that court: (5) 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, prescription, custom or usage, or the said statute made in the

third year of King Henry the Seventh, or the statute made in one and twentieth

of Henry the Eighth, or any act or acts of parliament heretofore had or made,

to the contrary thereof in any wise notwithstanding: (6) and that from

henceforth no court, council

or place of judicature, shall be erected, ordained, constituted or appointed

within this realm of England, 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.

V. Be it likewise declared and enacted by authority of this present

parliament, That neither his Majesty, nor his privy council, have or ought to

have any jurisdiction, power or authority, by English bill, petition,

articles, libel or any other arbitrary way whatsoever, to examine or draw into

question, determine or dispose of the lands, tenements, hereditaments, goods

or chattels of any of 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.

VI. And be it further provided and enacted, That if any lord chancellor, or

keeper of the great seal of England, lord treasurer, keeper of the King's

privy seal, president of the council, bishop, temporal lord, privy counsellor,

judge or justice whatsoever, shall offend, or do 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 pounds of lawful money of England unto

any party grieved, his executors or administrators, who shall really prosecute

for the same, and first obtain judgement 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 any more than one imparlance: (2) and if any person

against whom any such judgement or recovery shall be had as aforesaid, shall

after such judgement or recovery offend aga in 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 grieved, his executors or administrators, who shall

really prosecute for the same, and first obtain judgement thereupon, to be

recorded in any court of record at Westminster, by action of debt, bill,

plaint or information, in which no ession, 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 one imparlance: (3) and if any

person against whom any such second judgement or recovery shall be had as

aforesaid, shall after such judgement or recovery offend again in the same

kind, and shall be thereof duly convicted by indictment, information, or any

other lawful way or 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: (4) and shall be

likewise disa bled 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 unto the

part grieved, by any thing done contrary to the true intent and meaning of

this law, his treble damages which he shall sustain and 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 ession, protection, wager of law, aid prayer,

privilege, injuction or order of restraint, shall be in any wise prayed,

granted or allowed, nor any more than one imparlance.

VIII. And be it also provided and enacted, That if any person shall hereafter

be committed, restrained of his liberty, or suffer imprisonment, by the order

or decree of any such court of star-chamber, or other court aforesaid, now or

at any time hereafter, having or pretending to have the same or like

jurisdiction, power or authority to commit or imprison as aforesaid: (2) or by

the command or warrant of the 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: (3) that in every such

case every person so committed, restrained of his liberty, or suffering

imprisonment, upon demand or motion made by his counsel, or other imployed 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 sheriff, gaoler, minister, officer or

other person in whose custody the party committed or restrained shall be: (4)

and the sheriff, gaoler, minister, officer or other person in whose custody

the part 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 that been used, such

charges of bringing up and carrying back the prisoner to be always ordered by

the court, 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 same writ shall

issue, in open court: (5) 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 n ot, and shall thereupon do what to justice

shall apertain, either be delivering, bailing or remanding the prisoner: (6)

and if any thing shall be otherwise wilfully done or omitted to be done by any

judge, justice, officer or other person afore-mentioned, contrary to the

direction and true meaning hereof, that then such persons so offending shall

forfeit to the party grieved his treble damages, to be recovered by such

means, and in such manner as is formerly in this act limited and appointed for

the like penalty to be sued for and recovered.

IX. Provided always, and be it enacted, That this act and the several clauses

therein contained shall be taken and expounded to extend only to the court of

star-chamber: (2) and to the said courts holden before the president and

council in the marches of Wales: (3) and before the president and council in

the northern parts: (4) and also to the court commonly called the court of the

duchy of Lancaster, holden before the chancellor and council of that court:

(5) and also in the court of exchequer of the county palatine of Chester, held

before the chamberlain and council of that court: (6) 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 imprisonment 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.

X. And lastly, provided, and be it enacted, That no person or persons shall be

sued, impleaded, molested or troubled for any offence against this present

act, unless the party supposed to have so offended shall be sued or impleaded

for the same within two years at the most after such time wherein the said

offence shall be committed.

[1679] 31 Charles II c. II ss 1-9, 11-13,

15-20

An Act for the better secureing the Liberty of the Subject and for Prevention

of Imprisonments beyond the Seas.

1. Whereas great delayes have beene used by sheriffes gaolers and other

officers to whose custody any of the King's subjects have beene committed for

criminall or supposed criminall matters in makeing returnes writts 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 yeilding obedience to such

writts contrary to their duty and the knowne lawes of the land whereby many of

the King's subjects have beene and hereafter may be long detained in prison in

such cases where by law they are baylable to their great charge and

vexation. For the prevention whereof and the more speedy releife of all

persons imprisoned for any such criminall or supposed criminall matters bee it

enacted by the King's most excellent Majestie by and with the advice and

consent of the lords spirituall and temporall and commons in this present

Parlyament assembled and by the authoritie thereof that whensoever any person

or persons shall bring any habeas corpus directed unto any sheriffe or

sheriffes gaoler or other person whatsoever for any person in his or their

custody and the said writt shall be served upon the said officer or left at

the goale 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 deputyes shall within three dayes after the

service thereof as aforesaid (unlesse the committment aforesaid were for

treason or fellony plainely and specially expressed in the warrant of

committment) upon payment or tender of the charges o f bringing the said

prisoner to be ascertained by the judge or court that awarded the same and

endorsed upon the said writt not exceeding twelve pence per mile and upon

security given by his owne bond to pay the charges of carrying backe the

prisoner if he shall bee 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 returne of such writt or bring or cause to be

brought the body of the partie soe committed or restrained unto or before the

lord chauncellor or lord keeper of the great seale of England for the time

being or the judges or barons of the said court from whence the said writt

shall issue or unto and before such other person and persons before whome the

said writt is made returnable according to the command thereof, and shall

likewise then certifie the true causes of his detainer or imprisonment unlesse

the committment of the said partie be in any place beyond the distance of

twenty miles from the place or places where such court or person is or shall

be resideing and if beyond the distance of twenty miles and not above one

hundred miles then within the space of ten dayes and if beyond the distance of

one hundred miles then within the space of twenty dayes after such delivery

aforesaid and not longer.

2. And to the intent that noe sheriffe gaoler or other officer may pretend

ignorance of the import of any such writt bee it enacted by the authoritie

aforesaid that all such writts shall be marked in this manner Per statutum

tricesimo primo Caroli Scundi 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 asaforesaid for any crime unlesse for treason or fellony plainely

expressed in the warrant of committment in the vacation time and out of terme

it shall and may be lawfull to and for the person or persons soe committed or

detained (other then persons convict or in execution) by legall processe or

any one on his or their behalfe to appeale or complaine to the lord

chauncellour or lord keeper or any one of his Majestyes justices either of the

one bench or of the other or the barons of the Exchequer of the degree of the

coife and the said lord chauncellor lord keeper justices or barons or any of

them upon view of the copy or copies of the warrant or warrants of committment

and detainer or otherwise upon oath made that such copy or copyes were denyed

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 writeing by such person or persons or any on his her or their behalfe

attested and subscribed by two witnesses that were present at the delivery of

the same to award and grant an habeas corpus under the seale of such court

whereof he shall then be one of the judges to be directed to the officer or

officers in whose custodie the party soe committed or detained shall be

returnable immediate before the said lord chauncellor or lord keeper or such

justice baron or any other justice or baron of the degree of the coife 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 custodie the partie is soe committed or

detained shall within the times respectively before limitted bring such

prisoner or prisoners before the said lord chauncellor or lord keeper or such

justices barons or one of them before whome the said writt is made returnable

and in case of his absence before any other of them with the returne of such

writt and the true causes of the committment and detainer and thereupon within

two dayes after the partie shall be brought before them the said lord

chauncellor or lord keeper or such justice or baron before whome the prisoner

shall be brought as aforesaid shall discharge the said prisoner from his

imprisonment takeing his or their recognizance with one or more suretie or

sureties in any summe according to their discretions haveing reguard to the

quality of the prisoner and nature of the offence for his or their appearance

in the Court of Kings Bench the terme following or at the next assizes

sessions or generall goale-delivery of and for such county city or place where

the committment 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 certifie the said writt with the returne thereof and the said

recognizance or recognizances into the said court where such appearance is to

be made unlesse it shall appeare unto the said lord chauncellor or lord keeper

or justice or justices or baron or barons that the partie soe committed is

detained upon a legall processe order or warrant out of some court that hath

jurisdiction of criminall matters, or by some warrant signed and sealed with

the hand and seale 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 prisoner is not baileable.

3. Provided alwayes and bee it enacted that if any person shall have wilfully

neglected by the space of two whole termes after his imprisonment to pray a

habeas corpus for his enlargement such person soe wilfully neglecting shall

not have any habeas corpus to be granted in vacation time in pursuance of this

Act.

4. And bee it further enacted by the authoritie 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 returnes aforesaid

or to bring the body or bodies of the prisoner or prisoners according to the

command of the said writt within the

respective times aforesaid or upon demand made by the prisoner or person in

his behalfe shall refuse to deliver or within the space of six houres after

demand shall not deliver to the person soe demanding a true copy of the

warrant or warrants of committment and detayner of such prisoner, which he and

they are hereby required to deliver accordingly all and every the head goalers

and keepers of such prisons and such other person in whose custodie the

prisoner shall be detained shall for the first offence forfeite to the

prisoner or partie grieved the summe of one hundred pounds and for the second

offence the summe of two hundred pounds and shall and is hereby made

incapeable to hold or execute his said office, the said penalties to be

recovered by the prisoner or partie grieved his executors or administrators

against such offender his executors or administrators by any action of debt

suite bill plaint or information in any of the King's courts at Westminster

wherein noe essoigne protection priviledge injunction wager of law or stay of

prosecution by non vult ulterius prosequi or otherwise shall bee admitted or

allowed or any more than one imparlance, and any recovery or judgement at the

suite of any partie grieved shall be a sufficient conviction for the first

offence and any after recovery or judgement at the suite of a partie grieved

for any offence after the first judgement shall bee a sufficient conviction to

bring the officers or person within the said penaltie for the second offence.

5. And for the prevention of unjust vexation by reiterated committments for

the same offence bee it enacted by the authoritie aforesaid that noe person or

persons which shall be delivered or sett at large upon any habeas corpus shall

at any time hereafter bee againe imprisoned or committed for the same offence

by any person or persons whatsoever other then by the legall order and

processe of such court wherein he or they shall be bound by recognizance to

appeare or other court haveing 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

offence or pretended offence any person or persons delivered or sett at large

as aforesaid or be knowingly aiding or assisting therein then he or they shall

forfeite to the prisoner or party grieved the summe of five hundred pounds any

colourable pretence or variation in the warrant or warrants of committment

notwithstanding to be recovered as aforesaid.

6. Provided alwayes and bee it further enacted that if any person or persons

shall be committed for high treason or fellony plainely and specially

expressed in the warrant of committment upon his prayer or petition in open

court the first weeke of the terme or first daye of the sessions of oyer and

terminer or generall goale delivery to be brought to his tryall shall not be

indicted sometime in the next terme sessions of oyer and terminer or generall

goale delivery after such committment it shall and may be lawfull to and for

the judges of the Court of Kings Bench and justices of oyer and terminer or

generall goale delivery and they are hereby required upon motion to them made

in open court the last daye of the terme sessions or goale-delivery either by

the prisoner or any one in his behalfe to sett at liberty the prisoner upon

baile unlesse it appeare to the judges and justices upon oath made that the

witnesses for the King could not be produced the same terme sessions or

generall goale-delivery. And if any person or persons committed as aforesaid

upon his prayer or petition in open court the first weeke of the terme or

first daye of the sessions of oyer and terminer or generall goale delivery to

be brought to his tryall shall not be indicted and tryed the second terme

sessions of oyer and terminer or generall goale delivery after his committment

or upon his tryall shall be acquitted he shall be discharged from his

imprisonment.

7. Provided alwayes that nothing in this Act shall extend to discharge out of

prison any person charged in debt or other action or with processe in any

civill cause but that after he shall be discharged of his imprisonment for

such his criminall offence he shall be kept in custodie according to law for

such other suite.

8. Provided alwaies and bee it enacted by the authoritie aforesaid that if any

person or persons subject of this realme shall be committed to any prison or

in custodie of any officer or officers whatsoever for any criminall or

supposed criminall matter that the said person shall not be removed from the

said prison and custody into the custody of any other officer or officers

unlesse it be by habeas corpus or some other legall writt or where the

prisoner is delivered to the constable or other inferiour officer to carry

such prisoner to some common goale or where any person is sent by-order of any

judge of assize or justice of the peace to any common worke-house 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 tryall or discharge in

due course of law or in case of suddaine fire or infection or other necessity

and if any person or persons shall after such committment aforesaid

make out and signe or countersigne any warrant or warrants for such removeall

aforesaid contrary to this Act as well he that makes or signes or

countersignes such warrant or warrants as the officer or officers that obey or

execute the same shall suffer and incurr the paines and forfeitures in this

Act before-mentioned both for the first and second offence respectively to be

recovered in manner aforesaid by the partie grieved.

9. Provided alsoe and bee it further enacted by the authoritie aforesaid that

it shall and may be lawfull to and for any prisoner and prisoners as aforesaid

to move and obtaine his or their habeas corpus as well out of the High Court

of Chauncery or Court of Exchequer as out of the courts of Kings Bench or

Common Pleas or either of them

and if the said lord chauncellor or lord keeper or any judge or judges baron

or barons for the time being of the degree of the coife of any of the courts

aforesaid in the vacation time upon view of the copy or copyes of the warrant

or warrants of committment or detainer or upon oath made that such copy or

copyes were denyed as aforesaid shall deny any writt of habeas corpus by this

Act required to be granted being moved for as aforesaid they shall severally

forfeite to the prisoner or partie grieved the summe of five hundred pounds to

be recovered in manner aforesaid.

* * * * *

11. And for preventing illegall imprisonments in prisons beyond the seas bee

it further enacted by the authoritie aforesaid that noe subject of this realme

that now is or hereafter shall be an inhabitant or resiant of this Kingdome of

England . . . . shall or may be sent prisoner into . . . . any . . . . places

beyond the seas which are or at any time hereafter shall be within or without

the dominions of his Majestie his heires or successors and that every such

imprisonment is hereby enacted and adjudged to be illegall and that if any of

the said subjects now is or hereafter shall bee soe imprisoned every such

person and persons soe imprisoned shall and may for every such imprisonment

maintaine by vertue of this Act an action or actions of false imprisonment in

any of His Majesteyes courts of record against the person or persons by whome

he or she shall be soe 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 seale of countersigne any

warrant or writeing for such committment detainer imprisonment or

transportation or shall be adviseing aiding or assisting in the same or any of

them and the plaintiffe in every such action shall have judgement to recover

his . . . costs besides damages which damages soe to be given shall not be

lesse then five hundred pounds in which action noe delay stay or stopp of

proceeding by rule order or command nor noe injunction protection or privilege

whatsoever . . . shall be allowed excepting such rule of the court wherein the

action shall depend made in open court as shall bee thought in justice

necessary for speciall cause to be expressed in the said rule and the person

or persons who shall knowingly frame contrive write seale or countersigne any

warrant for such committment detainer or transportation or shall soe committ

detaine imprison or transport any person or persons contrary to this Act or be

any wayes adviseing aiding or assisting therein being lawfully convicted

thereof shall be disabled from thence-forth to beare any office of trust or

proffitt within the said realme of England . . . . . or any of the islands

territories or dominions thereunto belonging and shall incurr and sustaine the

paines penalties and forfeitures limitted ordained and provided in the Statute

of provision and premunire made in the sixteenth yeare of King Richard the

Second and be incapeable of any pardon from the King his heires or successors

of the said forfeitures losses or disabilities or any of them.

12. Provided alwayes that nothing in this Act shall extend to give benefitt to

any person who shall by contract in writeing agree with any merchant or owner

of any plantation or other person whatsoever to be transported to any parts

beyond seas and receive earnest upon such agreement although that afterwards

such person shall renounce such contract.

13. Provided alwayes 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 thinke fitt 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 any thing contained therein to the contrary notwithstanding.

* * * * *

15. Provided alsoe that if any person or persons at any time resiant in this

realme shall have committed any capitall offence in Scotland or Ireland or any

of the islands or forreigne plantations of the King his heires or successors

where he or she ought to be tryed for such offence such person or persons may

be sent to such place there to receive such tryall in such manner as the same

might have beene used before the makeing of this Act anything herein contained

to the contrary notwithstanding.

16. Provided alsoe and bee it enacted that noe person or persons shall be sued

impleaded molested or troubled for any offence against this Act unlesse the

partie offending be sued or impleaded for the same within two yeares at the

most after such time wherein the offence shall be committed in case the partie

grieved shall not be then in prison and if he shall be in prison then within

the space of two yeares after the decease of the person imprisoned or his or

her delivery out of prison which shall first happen.

17. And to the intent noe person may avoid his tryall at the assizes or

generall goale-delivery by procureing his removeall before the assizes at such

time as he cannot be brought backe to receive his tryall there bee it enacted

that after the assizes proclaimed for that country where the prisoner is

detained noe person shall be removed from the common goale upon any habeas

corpus granted in persuance of this Act but upon any such habeas corpus shall

be brought before the judge of assize in open court who is thereupon to doe

what to justice shall appertaine.

18. Provided neverthelesse 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.

19. And bee it also enacted by the authoritie aforesaid that if any

information suite or action shall be brought or exhibited against any person

or persons for any offence committed or to be committed against the forme of

this law it shall be lawfull for

such defendants to pleade the generall issue that they are not guilty or that

they owe nothing and to give such speciall matter in evidence to the jury that

shall try the same which matter being pleaded had beene good and sufficient

matter in law to have discharged the said defendant or defendants against the

said information suite or action and the said matter shall be then as

availeable to him or them to all intents and purposes as if he or they had

sufficiently pleaded sett forth or alledged the same matter in barr or

discharge of such information suite or action.

20. And because many times persons charged with petty treason or felony or as

accessaries thereunto are committed upon suspicion onely whereupon they are

baileable or not according as the circumstances makeing out the suspicion are

more or lesse weighty which are best knowne 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: Bee it therefore enacted that where any

person shall appeare to be committed by any judge or justice of the peace and

charged as accessary before the fact to any petty treason of felony or upon

suspicion thereof or with suspicion of petty treason or felony shall be

plainely and specially expressed in the warrant of committment that such

person shall not be removed or bailed by vertue of this Act or in any other

manner then they might have beene before the makeing of this Act.

[1816] 56 George III c. C

An Act for more effectually securing the Liberty of the Subject.

1. Whereas the writ of habeas corpus hath been found by experience to be an

expeditious and effectual method of restoring any person to his liberty, who

hath been unjustly deprived thereof: And whereas extending the remedy of such

writ, and enforcing obedience thereunto, and preventing delays in the

execution thereof, will be advantageous to the public: And whereas the

provisions made by an Act passed in England in the thirty-first year of King

Charles the Second,

intituled "An Act for the better securing the liberty of the subject, and for

prevention of imprisonment beyond the seas" . . . . . . . . . . . . . . .only

extend to cases of commitment or detainer for criminal or supposed criminal

matter: Be it therefore enacted . . . . . . . . . . . . . . . . .that where

any person shall be confined or restrained of his or her liberty (otherwise

than for some criminal or supposed criminal matter, and exept persons

imprisoned for debt or by process in any civil suit) within that part of Great

Britain called England, . . . . . . . . . . . . . . it shall and may be lawful

for any one of the barons of the Exchequer, of the degree of the coif, as well

as for any one of the justices of one bench or the other, . . . . . . . . . .

. . . . . . . . and they are hereby required, upon complaint made to them by

or on the behalf of the person so confined or restrained, if it shall appear

by affidavit or affirmation (in cases where by law an affirmation is allowed)

that there is a probable and reasonable ground for such complaint, to award in

vacation time a writ of habeas corpus ad subjiciendum, under the seal of such

court, whereof he or they shall then be judges or one of the judges, to be

directed to the person or persons in whose custody or power the party so

confined or restrained shall be, returnable immediately before the person so

awarding the same, or before any other judge of the court under the seal of

which the said writ issued.

2. And be it further enacted by the authority aforesaid, that if the person or

persons to whom any writ of habeas corpus shall be directed according to the

provision of this Act, upon service of such writ, either by the actual

delivery thereof to him, her, or them, or by leaving the same at the place

where the party shall be confined or restrained with any servant or agent of

the person or persons so confining or restraining shall wilfully neglect or

refuse to make a return to pay obedience thereto, he, she, or they shall be

deemed guilty of a contempt of the court, under the seal whereof such writ

shall have issued; and it shall be lawful to and for the said justice or

baron, before whom such writ shall be returnable, upon proof made by affidavit

of wilful disobedience of the said writ, to issue a warrant under his hand and

seal for the apprehending and bring in before him, or before some other

justice or baron of the same court, the person or persons so wilfully

disobeying the said writ, in order to his,

her, or their being bound to the King's Majesty with two sufficient sureties,

in such sum as in the warrant shall be expressed, with condition to appear in

the court of which the said justice or baron is a judge, at a day in the

ensuing term to be mentioned in the said warrant, to answer the matter of

contempt with which he, she or they are charged; and in case of neglect or

refusal to become bound as aforesaid, it shall be lawful for such justice or

baron to commit such person or persons so neglecting or refusing to the jail

or prison of the court of which such justice or baron shall be a judge thereto

remain until he, she, or they shall have become bound as aforesaid, or shall

be discharged by order of the court in term time, or by order of one of the

justices or barons of the court in vacation; and the recognizance or

recognizance to be taken thereupon shall be returned and filed in the same

court, and shall continue in force until the matter of such contempt shall

have been heard and determined, unless sooner ordered by the court to

be discharged: Provided, that if such writ shall be awarded so late in the

vacation by any one of the said justices or barons, that, in his opinion,

obedience thereto cannot be conveniently paid during such vacation the same

shall and may, at his discretion, be made returnable in the court of which the

said justice or baron shall be a justice or baron, at a day certain in the

next term; and the said court shall and may proceed thereupon, and award

process of contempt in case of disobedience thereto, in like manner as upon

disobedience to any writ originally awarded by the said court: Provided also,

that if such writ shall be awarded by the Court of King's Bench or the Court

of Common Pleas, or Court of Exchequer . . . . . . . . . . . . which

last-mentioned court shall have like power to award such writs as the

respective courts of King's Bench and Common Pleas . . . . . . . . . . .now

have, in term, but so late that, in the judgement of the court, obedience

thereto cannot be conveniently paid during such term the same shall and may,

at the discretion of the said court, be made returnable at a day certain in

the then next vacation, before any justice or baron of the degree of the coif

. . . . . . . . . . who shall and may proceed thereupon, in such manner as by

this Act is directed concerning writs issuing in and made returnable during

the vacation.

3. And be it further enacted by the authority aforesaid, that in all cases

provided for by this Act, although the return to any writ of habeas corpus

shall be good and sufficient in law, it shall be lawful for the justice or

baron, before whom such writ may be returnable, to proceed to examine into the

truth of the facts set forth in such return by affidavit or by affirmation (in

cases where an affirmation is allowed by law), and to do therein as to justice

shall apertain; and if such writ shall be returned before any one of the said

justices or barons, and it shall appear doubtful to him on such examination,

whether the material facts set forth in the said return or any of them be true

or not, in such case it shall and may be lawful for the said justice or baron

to let to bail the said person so confined or restrained, upon his or her

entering into a recognizance with one or more sureties, or in case of infancy

or coverture, or other disability, upon security by recognizance, in a

reasonable sum, to appear in the court of which the said justice or baron

shall be a justice or baron upon a day certain in the term following, and so

from day to day as the court shall require, and to abide such order as the

court shall make in and concerning the premises; and such justice or baron

shall transmit into the same court the said writ and return, together with

such recognizance, affidavits, and affirmations; and thereupon it shall be

lawful for the said court to proceed to examine into the truth of the facts

set forth in the return, in a summary w ay by affidavit or affirmation (in

cases where by law affirmation is allowed), and to order and determine

touching the discharging, bailing, or remanding the party.

4. And be it further enacted by the authority aforesaid, that the like

proceeding may be had in the court for controverting the truth of the return

to any such writ of habeas corpus awarded as aforesaid, although such writ

shall be awarded by the said court itself, or be returnable therein.

5. And be it declared and enacted by the authority aforesaid, that a writ of

habeas corpus, according to the true intent and meaning of this Act, may be

directed and run . . . . . . . . . . . . into any port, harbour, road, creek,

or bay, upon the coast of England or Wales, although the same should lie out

of the body or any county; . . . . . . . . . . . . any law or usage to the

contrary in anywise notwithstanding.

6. And be it further enacted by the authority aforesaid, that the several

provisions made in this Act, touching the making writs of habeas corpus

issuing in time of vacation returnable into the said courts, or for making

such writs awarded in term time returnable in vacation, as the cases may

respectively happen, and also for making wilful disobedience thereto a

contempt of the court, and for issuing warrants to apprehend and bring before

the said justices or barons, or any of them, any person or persons wilfully

disobeying any such writ, and in case of neglect or refusal to become bound as

aforesaid, for committing the person or persons so neglecting or refusing to

jail as aforesaid, respecting the recognizances to be taken as aforesaid, and

the proceeding or proceedings thereon, shall extend to all writs of habeas

corpus awarded in pursuance of the said Act passed in England in the

thirty-first year of the reign of King Charles the Second . . . . . . . . . .

. . . and hereinbefore recited, in as ample an d beneficial a manner as if

such writs and the said cases arising thereon had been herein-before specially

named and provided for respectively.

Division 3-Justice and liberty

[1297] 25 Edward I (Magna Carta) c. XXIX

No freeman shall be taken or imprisoned, or be disseised of his freehold, or

liberties or free customs, or be outlawed or exiled, or any other wise

destroyed; nor will we pass upon him, nor condemn him, but by lawful judgement

of his peers, or by the law of the land. We will sell to no man, we will not

deny or defer to any man either justice or right.

[1351-2] 25 Edward III St. V c. IV

Item, whereas it is contained in the great charter of the franchises of

England that one shall be imprisoned nor put out of his freehold, nor of his

franchises nor free custom, unless it be by the law of the land; it is

accorded assented, and stablished, that from henceforth none shall be taken by

petition or suggestion made to our Lord the King, or to his council, unless it

be by indictment or presentment of good and lawful people of the same

neighbourhood where such deeds be done, in due manner, or by process made by

writ original at the common law; nor that none be out of his franchises, nor

of his freeholds, unless he be duly brought into answer, and forejudged of the

same by the course of the law; and if any thing be done against the same, it

shall be redressed and holden for none.

[1354] 28 Edward III c. III

Item, that no man of what estate or condition that he be, shall be put out of

land or tenement, nor taken, nor imprisoned, nor disinherited, nor put to

death, without being brought in answer by due process of the law.

[1368] 42 Edward III c. III

. . . It is assented and accorded, for the good governance of the commons,

that no man be put to answer without presentment before justices, or matter of

record, or by due process and writ original, according to the old law of the

land; And it any thing from henceforth be done to the contrary, it shall be

void in the law, and holden for error.

[1405-6] 7 Henry IV c. I

. . . And that the peace within the realm be holden and kept, so that all the

King's liege people and subjects may from henceforth safely and peaceably go,

come, and abide, according to the laws and usages of the same realm; And that

good justice and equal right be done to every person; saving to the same our

Lord the King his regalty and prerogative.

[1627] 3 Charles I (Petition of Right) c. I

The petition is exhibited to his Majesty by the lords spiritual and temporal,

and commons, in this present parliament assembled, concerning divers rights

and liberties of the subjects, with the King's majesty's royal answer

thereunto in full parliament.

To the King's most excellent majesty.

Humbly show unto our sovereign Lord the King, the lords spiritual and

temporal, and commons in parliament assembled, That whereas it is declared and

enacted by a statute made in the time of the reign of King Edward the First,

commonly called Statutum de tallagio non concedendo, That no tallage or aid

shall be laid or levied by the King or his heirs in this realm, without the

good will and assent of the archbishops, bishops, earls, barons, knights,

burgesses, and other the freemen of the commonality of this realm; (2) and by

authority of parliament holden in the five and twentieth year of the reign of

King Edward the Third, it is declared and enacted, That from thenceforth no

person should be compelled to make any loans to the King against his will,

because such loans were against reason and the franchise of the land; (3) and

by other laws of this realm it is provided, That none should be charged by any

charge or imposition called a benevolence, nor by such like charge; (4) by

which the statutes before-men tioned and other the good laws and statutes of

this realm, your subjects have inherited this freedom, That they would not be

compelled to contribute to any tax, tallage, aid or other like charge not set

by common consent in parliament.

2. Yet nevertheless, of late divers commissions directed to sundry

commissioners in several counties, with instructions, have issued; by means

whereof your people have been in divers places assembled, and required to lend

certain sums of money unto your Majesty, and many of them upon their refusal

so to do, have had an oath administered unto them not warrantable by the laws

or statutes of this realm, and have been constrained to become bound to make

appearance and give attendance before your privy council and in other places,

and others of them have been therefore imprisoned, confined, and sundry other

ways molested and disquieted; (2) and divers other charges have been laid and

levied upon your people in several counties by lords lieutenants, deputy

lieutenants, commissioners for musters, justices of peace and others, by

command or direction from your Majesty, or your privy council, against the

laws and free customs of the realm.

3. And where also by the statute called, The great charter of the liberties of

England, it is declared and enacted, That no freeman may be taken or

imprisoned, or be disseised of his freehold or liberties or his free customs,

or be outlawed or exiled, or in manner destroyed, but by the lawful judgement

of his peers, or by the law of the land.

4. And in the eight and twentieth year of the reign of King Edward the Third

it was declared and enacted by authority of parliament, That no man of what

estate or condition that he be, should be put out of his land or tenements,

nor taken, nor imprisoned, nor disherited, nor put to death without being

brought to answer by due process of law.

5. Nevertheless against the tenor of the said statutes, and other the good

laws and statutes of your realm to that end provided, divers of your subjects

have of late been imprisoned without any cause showed; (2) and when for their

deliverance they were brought before your justices by your Majesty's writs of

habeas corpus, there to undergo and receive as the court should order, and

their keepers command to certify the causes of their detainer, no cause was

certified, but that they were detained by your Majesty's special command,

signified by the lords of your privy council, and yet were returned back to

several prisons, without being charged with any thing to which they might make

answer according to the law.

6. And whereas of late great companies of soldiers and mariners have been

dispersed into divers counties of the realm, and the inhabitants against their

wills have been compelled to receive them into their houses, and there to

suffer them to sojourn, against the laws and customs of this realm, and to the

great grievances and vexation of the people.

7. And whereas so by authority of parliament, in the five and twentieth year

of the reign of King Edward the Third, it is declared and enacted, That no man

should be forejudged of life or limb against the form of the great charter and

the law of the land; (2) and by the said great charter and other the laws and

statutes of this your realm, no man ought to be adjudged to death but by the

laws established in this your realm, either by the customs of the same realm,

or by acts of parliament; (3) and whereas no offender of what kind soever is

exempted from the proceedings to be used, and punishments to be inflcted by

the laws and statutes of this your realm; nevertheless of late time divers

commissions under your Majesty's great seal have issued forth, by which

certain persons have been assigned and appointed commissioners with power and

authority to proceed within the land, according to the justice of martial law,

against such soldiers or mariners, or other dissolute persons joining with

them as should commit

any murder, robbery, felony, mutiny or other outrage or misdemeanour

whatsoever, and by such summary course and order as is agreeable to martial

law, and as it sued in armies in time of war, to proceed to the trial and

condemnation of such offenders, and them to cause to be executed and put to

death according to the law martial. By pretext whereof some of your Majesty's

subjects have been by some of the said commissioners put to death, when and

where, if by the laws and statutes of the land they had deserved death, by the

same laws and statutes also they might, and by no other ought to have been

judged and executed. And also sundry grievous offenders, by colour thereof

claiming an exemption, have escaped the punishments due to them by the laws

and statutes of this your realm, by reason that divers of your officers and

ministers of justice have unjustly refused or forborn to proceed against such

offenders according to the same laws and statutes, upon pretence that the said

offenders were punishable only by m artial law, and by authority of such

commissions as aforesaid; (2) which commissions, and all other of like nature,

are wholly and directly contrary to the said laws and statutes of this your

realm.

8. They do therefore humble pray your most excellent Majesty, That no man

hereafter be compelled to make or yield any gift, loan, benevolence, tax, or

such-like charge, without common consent by act of parliament; (2) and that

none be called to make answer, or take such oath, or to give attendance, or be

confined, or otherwise molested or disquieted concerning the same, or for

refusal thereof; (3) and that no freeman, in any such manner as is

before-mentioned, be imprisoned or detained; (4) and that your Majesty would

be pleased to remove the said soldiers and mariners, and that your people may

not be so burthened in time to come; (5) and that the aforesaid commissions,

for proceeding by martial law, may be revoked and annulled, and that hereafter

no commissions of like nature may issue forth to any person or persons

whatsoever to be executed as aforesaid left by colour of them any or your

Majesty's subjects be destroyed, or put to death contrary to the laws and

franchise of the land. All which they most h umbly pray of your most excellent

Majesty as their rights and liberties, according to the laws and statutes of

this realm; and that your Majesty would also vouch safe to declare. That the

awards, doing and proceedings, to the prejudice of your people in any of the

premises, shall not be drawn hereafter into consequence or example; (2) and

that your Majesty would also graciously pleased, for the further comfort and

safety of your people, to declare your royal will and pleasure, That in the

things aforesaid all your officers and ministers shall serve you according to

the laws and statutes of this realm, as they tender the honour of your

Majesty, and the prosperity of this kingdom.

[1688] I William and Mary Sess. II (Bill of Rights) c. II

An act for declaring the rights and liberties of the subject, and settling the

succession of the crown:

Whereas the lords spiritual and temporal, and commons, assembled at

Westminster, lawfully, fully, and freely representing all the estates of the

people of this realm, did upon the thirteenth day of February, in the year of

our Lord one thousand six hundred eighty eight, present unto their Majesties,

then called and known by the names and stile of William and Mary, prince and

princess of Orange, being present in their proper persons, a certain

declaration in writing, made by the said lords and commons, in the words

following; viz.:

Whereas the late King James the Second, by the assistance of divers evil

counsellors, judges, and ministers employed by him did endeavour to subvert

and extirpate the protestant religion, and the laws and liberties of this

kingdom.

1. By assuming and exercising a power of dispensing with and suspending of

laws, and the execution of laws, without consent of parliament.

2. By committing and prosecuting divers worthy prelates, for humbly

petitioning to be excused from concurring to the said assumed power.

3. By issuing and causing to be executed a commission under the great seal for

erecting a court called, the court of commissioners for ecclesiastical causes.

4. By levying money for and to the use of the crown, by pretence of

prerogative, for other time, and in other manner, than the same was granted by

parliament.

5. By raising and keeping a standing army within this kingdom in time of

peace, without consent of parliament, and quartering soldiers contrary to law.

6. By causing several good subjects, being protestants, to be disarmed, at the

same time when papists were both armed and employed, contrary to law.

7. By violating the freedom of election of members to serve in parliament.

8. By prosecutions in the court of King's bench, for matters and causes

cognizable only in parliament; and by divers other arbitrary and illegal

courses.

9. And whereas of late years, partial, corrupt, and unqualified persons have

been returned and served on juries in trials, and particularly divers jurors

in trials for high treason, which were not freeholders.

10. And excessive bail hath been required of persons committed in criminal

cases, to elude the benefit of the laws made for the liberty of the subjects.

11. And excessive fines have been imposed; and illegal and cruel punishments

inflicted.

12. And several grants and promises made of fines and forfeitures, before any

conviction or judgement against the persons, upon whom the same were to be

levied.

All which are utterly and directly contrary to the known laws and statutes,

and freedom of this realm:

And whereas the said late King James the Second having abdicated the

government, and the throne being thereby vacant, his highness the prince of

Orange (whom it hath pleased Almighty God to make the glorious instrument of

delivering this Kingdom from papery and arbitrary power) did (by the advice of

the lords spiritual and temporal, and divers principal persons of the commons)

cause letters to be written to the lords spiritual and temporal, being

protestants, and other letters to the several counties, cities, universities,

boroughs, and cinque-ports, for the choosing of such persons to represent

them, as were of right to be sent to parliament to meet and sit at Westminster

upon the two and twentieth day of January, in this year one thousand six

hundred eighty and eight in order to such an establishment, as that their

religion, laws, and liberties might not again be in danger of being subverted;

upon which letters, elections have been accordingly made:

And thereupon the said lords spiritual and temporal, and commons, pursuant to

their respective letters and elections, being now assembled in a full and free

representative of this nation, taking into their most serious consideration

the best means for attaining the ends aforesaid; do in the first place (as

their ancestors in like case have usually done) for the vindicating and

asserting their ancient rights and liberties, declare:

1. That the pretended power of suspending the laws, or the execution of laws,

by regal authority, without consent of parliament, is illegal.

2. That the pretended power of dispensing with laws, or the execution of laws,

by regal authority, as it hath been assumed and exercised of late, is illegal.

3. That the commission for erecting the late court of commissioners for

ecclesiastical causes, and all other commissions and courts of like nature are

illegal and pernicious.

4. That levying money for or to the use of the crown, by pretence of

prerogative, without grant of parliament, for longer time, or in other manner

than the same is or shall be granted, is illegal.

5. That it is the right of the subjects to petition the King, and all

commitments and prosecutions for such petitioning are illegal.

6. That the raising or keeping a standing army within the kingdom in time of

peace, unless it be with consent of parliament, is against law.

7. That the subjects which are protestants, may have arms for their defence

suitable to their conditions, and as allowed by law.

8. That election of members of parliament ought to be free.

9. That the freedom of speech, and debates or proceedings in parliament, ought

not to be impeached or questioned in any court or place out of parliament.

10. That excessive bail ought not to be required, nor excessive fines imposed;

nor cruel and unusual punishments inflicted.

11. That jurors ought to be duly impannelled and returned.

12. That all grants and promises of fines and forfeitures of particular

persons before conviction, are illegal and void.

13. And that for redress of all grievances, and for the amending,

strengthening, and preserving of the laws, parliaments ought to be held

frequently.

And they do claim, demand, and insist upon all and singular the premisses, as

their undoubted rights and liberties; and that no declarations, judgements,

doings or proceedings, to the prejudice of the people in any of the said

premisses, ought in any wise to be drawn hereafter into consequence or

example.

To which demand of their rights they are particularly encouraged by the

declaration of his highness the prince of Orange, as being the only means for

obtaining a full redress and remedy therein.

1. Having therefore an entire confidence, That his said highness the prince of

Orange will perfect the deliverance so far advanced by him, and will still

preserve them from the violation of their rights, which they have here

asserted, and from all other attempts upon their religion, rights, and

liberties.

2. The said lords spiritual and temporal, and commons, assembled at

Westminster, do resolve, That William and Mary prince and princess of Orange,

be, and be declared, King and Queen of England, France and Ireland, and the

dominions thereunto belonging, to hold the crown and royal dignity of the said

kingdoms and dominions to them the said prince and princess during their

lives, and the life of the survivor of them; and that the sole and full

exercise of the regal power be only in, and executed by the said prince of

Orange, in the names of the said prince and princess, during their joint

lives; and after their deceases, the said crown and royal dignity of the said

kingdoms and dominions to be the heirs of the body of the said princess; and

for default of such issue to the princess Anne of Denmark, and the heirs of

her body; and for default of such issue to the heirs of the body of the said

prince of Orange. And the lords spiritual and temporal, and commons, do pray

the said prince and princess to accept the

same accordingly.

3. And that the oaths hereafter mentioned be taken by all persons of whom the

oaths of allegiance and supremacy might be required by law, instead of them;

and that the said oaths of allegiance and supremacy be abrogated.

I A.B. do sincerely promise and swear, That I will be faithful, and bear true

allegiance, to their Majesties King William and Queen Mary.

So help me God.

I A.B. do swear, That I do from my heart abhor, detest, and abjure as impious

and heretical, that damnable doctrine and position, That princes

excommunicated or deprived by the pope, or any authority of the see of Rome,

may be deposed or murdered by their subjects, or any other whatsoever. And I

do declare, That no foreign prince, person, prelate, state, or potentate hath,

or ought to have any jurisdiction, power superiority, pre-eminence, or

authority ecclesiastical or spiritual, within this realm.

So help me God.

4. Upon which their said Majesties did accept the crown and royal dignity of

the kingdoms of England, France and Ireland, and the dominions thereunto

belonging, according to the resolution and desire of the said lords and

commons contained in the said declaration.

5. And thereupon their Majesties were pleased, That the said lords spiritual

and temporal, and commons, being the two houses of parliament, should continue

to sit, and with their Majesties' royal concurrence make effectual provision

for the settlement of the religion, laws and liberties of this kingdom, so

that the same for the future might not be in danger again of being subverted;

to which the said lords spiritual and temporal, and commons, did agree and

proceed to act accordingly.

6. Now in pursuance of the premisses, the said lords spiritual and temporal,

and commons, in parliament assembled, for the ratifying, confirming and

establishing the said declaration, and the articles, clauses, matters and

things therein contained, by the force of a law made in due form by authority

of parliament, do pray that it may be declared and enacted, That all and

singular the rights and liberties asserted and claimed in the said

declaration, are the true, ancient, and indubitable rights and liberties of

the people of this kingdom, and so shall be esteemed, allowed, adjudged,

deemed, and taken to be, and that all and every the particulars aforesaid

shall be firmly and strictly holden and observed as they are expressed in the

said declaration; and all officers and ministers whatsoever shall serve their

Majesties and their successors according to the same in all times to come.

7. And the said lords spiritual and temporal, and commons, seriously

considering how it hath pleased Almighty God, in his marvellous providence,

and merciful goodness to this nation, to provide and preserve their said

Majesties' royal persons most happily to reign over us upon the throne of

their ancestors, for which they render unto him from the bottom of their

hearts their humblest thanks and praises, do truly, firmly, assuredly, and in

the sincerity of their hearts think, and do hereby recognize, acknowledge and

declare, That King James the Second having abdicated the government, and their

Majesties having accepted the crown and royal dignity as aforesaid, their said

Majesties did become, were, are, and of right ought to be, by the laws of this

realm, our sovereign leige lord and lady, King and Queen of England, France

and Ireland, and the dominions thereunto belonging, in and to whose princely

persons the royal state, crown, and dignity of the said realms, with all

honours, stiles, titles, regalities, prerogatives, powers, jurisdictions and

authorities to the same belonging and appertaining, are most fully,

rightfully, and entirely invested and incorporated, united and annexed.

8. And for preventing all questions and divisions in this realm, by reason of

any pretended titles to the crown, and for preserving a certainty in the

succession thereof, in and upon which the unity, peace, tranquility, and

safety of this nation doth, under God, wholly consist and depend, The said

lords spiritual and temporal, and commons, do beseech their Majesties that it

may be enacted, established and declared, That the crown and regal government

of the said kingdoms and dominions, with all and singular the premisses

thereunto belonging and appertaining, shall be and continue to their said

Majesties, and the survivor of them during their lives, and the life of the

survivor of them: And that the entire, perfect, and full exercise of the regal

power and government be only in, and executed by his Majesty, in the names of

both their Majesties during their joint lives; and after their deceases the

said crown and premisses shall be and remain to the heirs of the body of her

Majesty; and for default of such i ssue, to her royal highness the princess

Anne of Denmark, and the heirs of her body; and for default of such issue, to

the heirs of the body of his said Majesty: And thereunto the said lords

spiritual and temporal, and commons, do, in the name of all the people

aforesaid, most humbly and faithfully submit themselves, their heirs and

posterities for ever; and do faithfully promise, That they will stand to,

maintain, and defend their said Majesties, and also the limitation and

succession of the crown herein specified and contained, to the utmost of their

powers, with their lives and estates against all persons whatsoever, that

shall attempt any thing to the contrary.

9. And whereas it hath been found by experience, that it is inconsistent with

the safety and welfare of this protestant kingdom, to be governed by a popish

prince, or by any King or Queen marrying a papist; the said lords spiritual

and temporal, and commons, do further pray that it may be enacted, That all

and every person and persons that is, are or shall be reconciled to, or shall

hold communion with, the see or church of Rome, or shall profess the popish

religion, or shall marry a papist, shall be excluded, and be forever incapable

to inherit, possess or enjoy the crown and government of this realm, and

Ireland, and the dominions thereunto belonging, or any part of the same, or to

have, use or exercise any regal power, authority, or jurisdiction within the

same; and in all and every such case or cases the people of these realms shall

be, and are hereby absolved of their allegiance, and the said crown and

government shall from time to time descend to, and be enjoyed by such person

or persons, being prote stants, as should have inherited and enjoyed the same,

in case the said person or persons so reconciled, holding communion, or

professing, or marrying as aforesaid, were naturally dead.

10. And that every King and Queen of this realm, who at any time hereafter

shall come to and succeed in the imperial crown of this kingdom, shall on the

first day of the meeting of the first parliament, next after his or her coming

to the crown sitting in his or her throne in the house of peers, in the

presence of the lords and commons therein assembled, or at his or her

coronation, before such person or persons who shall administer the coronation

oath to him or her, at the time of his or her taking the said oath (which

shall first happen) make, subscribe, and audibly repeat the declaration

mentioned in the statute made in the thirtieth year of the reign of King

Charles the Second intitutled, An act for the more effectual preserving the

King's person and government, by disabling papists from sitting in either

house or parliament. But if it shall happen, that such King or Queen, upon his

or her succession to the crown of this realm, shall be under the age of twelve

years, then every such King or Queen shall

make, subscribe, and audibly repeat the said declaration at his or her

coronation, or the first day of the meeting of the first parliament as

aforesaid, which shall first happen after such King or Queen shall have

attained the said age of twelve years.

11. All which their Majesties are contented and pleased shall be declared,

enacted, and established by authority of this present parliament, and shall

stand, remain, and be the law of this realm for ever; and the same are by

their said Majesties, by and with the advice and consent of the lords

spiritual and temporal, and commons, in parliament assembled, and by the

authority of the same, declared, enacted, and established accordingly.

12. And be it further declared and enacted by the authority aforesaid, That

from and after this present session of parliament, no dispensation by non

obstante of or to any statute, or any part thereof, shall be allowed but that

the same shall be held void and of no effect, except a dispensation be allowed

of in statute, and except in such cases as shall be specially provided for by

one or more bill or bills to be passed during this present session of

parliament.

13. Provided that no charter, or grant, or pardon, granted before the three

and twentieth day of October, in the year of our Lord one thousand six hundred

eighty nine shall be any ways impeached or invalidated by this act, but that

the same shall be and remain of the same force and effect in law, and no other

than as if this act had never been made.

Division 4-Monopolies

[1623-4] 21 or 21 and 22 James I c. III ss 1, 6

An Act concerning monopolies and dispensations with penal laws and the

forfeiture thereof.

1. (1) Forasmuch as your most excellent Majesty, in your royal judgment, and

of your blessed disposition to the weal and quiet of your subjects, did in the

year of our Lord God one thousand six hundred and ten, publish in print to the

whole realm, and to all posterity, That all grants and monopolies, and of the

benefit of any penal laws or of power to dispense with the law, or to compound

for the forfeiture, are contrary to your Majesty's laws, which your Majesty's

declaration is truly consonant and agreeable to the ancient and fundamental

laws of this your realm.

(2) And whereas your Majesty was further graciously pleased, expressly to

command, that no suitor should presume to move your Majesty for matters of

that nature.

(3) Yet nevertheless upon misinformations, and untrue pretences of public

good, many such grants have been unduly obtained, and unlawfully put in

execution, to the great grievance and inconvenience of your Majesty's

subjects, contrary to the laws of this your realm, and contrary to your

Majesty's most royal and blessed intention to published as aforesaid.

(4) For avoiding whereof, and preventing of the like in time to come, may it

please your excellent Majesty, at the humble suit of the lords spiritual and

temporal, and the commons, in this present parliament assembled, That it may

be declared and enacted.

(5) And be it declared and enacted by authority of the present parliament,

That all monopolies, and all commissions, grants, licences, charters and

letters patents heretofore made or granted, or hereafter to be made or

granted, to any person or persons, bodies politick or corporate whatsoever, of

or for the sole buying, selling, making, working or using of any thing within

this realm, or the dominion of Wales.

(6) Or of any other monopolies, or of power, liberty to faculty, to dispense

with any others, or to give licence or toleration to do, use or exercise any

thing against the tenor or purport of any law or statute.

(7) Or to give or make any warrant for any such dispensation, licence or

toleration to be had or made; or to agree or compound with any others for any

penalty or foreitures limited by any statute; or of any grant or promise of

the benefit, profit or commodity of any forfeiture, penalty or sum of money,

that is or shall be due by any statute, before judgement thereupon had.

(8) And all proclamations, inhibitions, restraints, warrants of assistance,

and all other matters and things whatsoever, any way tending to the

instituting, erecting, strengthening, furthering or countenancing of the same

or any of them.

(9) Are altogether contrary to the laws of this realm, and so are and shall be

utterly void and of none effect, and in no wise to be put in use or execution.

6. Provided also, and be it declared and enacted, That any declaration before

mentioned shall not extend to any letters patents and grants of privilege for

the term of fourteen years or under, hereafter to be made, of the sole working

or making of any manner of new manufactures within this realm, to the true and

first inventor and inventors of such manufactures, which others at the time of

making such letters patents and grants shall not use, so as also they be not

contrary to the law, nor mischievous to the state, by raising prices of

commodities at home, or hurt of trade, or generally inconvenient: The said

fourteen years to be accounted from the date of the first letters patents, or

grant of such privilege hereafter to be made, but that the same shall be of

such force as they should be, if this act had never been made, and of none

other.

Division 5-Royal marriages

[1772] 12 George III c. XI

An Act for the better regulating the future Marriages of the Royal Family.

Whereas your Majesty, from your paternal affection to your own family, and

from your royal concern for the future welfare of your people, and the honour

and dignity of your crown, was graciously pleased to recommend to your

parliament to take into their serious consideration, whether it might not be

wise and expedient to supply the defect of the laws now in being; and, by some

new provision, more effectually to guard the descendants of his late majesty

King George the Second, (other than the issue of princesses who have married,

or may hereafter marry, into foreign families) from marrying without the

approbation of your Majesty, your heirs, or successors, first had and

obtained; we have taken this weighty matter into our serious consideration;

and, being sensible that marriages in the royal family are of the highest

importance to the state, and that therefore the Kings of this realm have ever

been entrusted with the care and approbation thereof; and, being thoroughly

convinced of the wisdom and expediency

of what your Majesty has thought fit to recommend, upon this occasion, we,

your Majesty's most dutiful and loyal subjects, the lords spiritual and

temporal, and commons, in this present parliament assembled, do humbly beseech

your Majesty that it may be enacted; and 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 of the same.

1. That no descendant of the body of his late majesty King George the Second,

male or female, (other than the issue of princesses who have married, or may

hereafter marry, into foreign families) shall be capable of contracting

matrimony without the previous consent of his Majesty, his heirs, or

successors, signified under the great seal, and declared in council (which

consent, to preserve the memory thereof, is hereby directed to be set out in

the licence and register of marriage, and to be entered in the books of the

privy council); and that every marriage, or matrimonial contract, of any such

descendant, without such consent first had and obtained, shall be null and

void, to all intents and purposes whatsoever.

2. Provided always, and be it enacted by the authority aforesaid, That, in

case any such descendant of the body of his late majesty King George the

Second, being above the age of twenty-five years, shall persist in his or her

resolution to contract a marriage disapproved of, or dissented from, by the

King, his heirs or successors; that then such descendant, upon giving notice

to the King's privy council, which notice is hereby directed to be entered in

the books thereof, may, at any time from the expiration of twelve calendar

months, after such notice given to the privy council as aforesaid, contract

such marriage; and his or her marriage with the person before proposed, and

rejected, may be duly solemnized, without the previous consent of his Majesty,

his heirs, or successors; and such marriage shall be good, as if this act had

never been made, unless both houses of parliament shall, before the expiration

of the said twelve months, expressly declare their disapprobation of such

intended marriage.

New South Wales Imperial Acts: 

IMPERIAL ACTS APPLICATION ACT 1969 - SCHEDULE 2

SCHEDULE 2

Part 1 - Constitutional enactments

(Section 6)

(1297)	25 Edward I (Magna Carta) c 29 .
(1351)	25 Edward III St 5 c 4 .
(1354)	28 Edward III c 3 .
(1368)	42 Edward III c 3 .
(1623-4)	21 James I c 3 (The Statute of Monopolies) ss 1 and 6.
(1627)	3 Charles I c 1 (The Petition of Right) .
(1640)	16 Charles I c 10 (The Habeas Corpus Act 1640) , s 6.
(1679)	31 Charles II c 2 (The Habeas Corpus Act 1679) ss 1-8, s 11 (except the words “and shall incur and sustain” and the following words of the section), and ss 15-19.
(1688)	1 William and Mary c 30 (The Royal Mines Act 1688) , s 3.
(1688)	1 William and Mary sess 2 c 2 (The Bill of Rights) .
(1700)	12 and 13 William III c 2 (The Act of Settlement) .
(1702)	1 Anne c 2 (The Demise of the Crown Act 1702) , s 4.
(1702)	1 Anne St 2 c 21 (The Treason Act 1702) , s 3.
(1707)	6 Anne c 41 (or 6 Anne c 7) (The Succession to the Crown Act 1707) , s 9.
(1772)	12 George III c 11 (The Royal Marriages Act 1772) , ss 1 and 2.
(1816)	56 George III c 100 (The Habeas Corpus Act 1816) .

Part 2 - Criminal law-treason: piracy

(Section 6)

Treason

(1351) 25 Edward III st 5 c 2 (The Treason Act 1351) .	So far as the same declares what offences shall be adjudged treason, as amended by the following: 9 George IV c 31 , 11 George IV and 1 William IV c 66 (The Forgery Act, 1830) adopted by 4 William IV No 4 , 2 and 3 William IV c 34 adopted by 9 Victoria No 1 .
(1795) 36 George III c 7 (The Treason Act 1795) . (1817) 57 George III c 6 (The Treason Act 1817) .	Such provisions of the Acts respectively as relate to the compassing, imagining, inventing, devising, or intending death or destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment, or restraint of the person of the Sovereign and the expressing, uttering, or declaring of such compassings, imaginations, inventions, devices, or intentions, or any of them.
(1695) 7 and 8 William III c 3 (The Treason Act 1695) .	S 5 (except the words “And that no person” to the end of that section) and s 6.

Piracy

(1536) 28 Henry VIII c 15 *. (1698-9) 11 and 12 William III (11 William III) c 7 . (1717-8) 4 George I c 2 (or c 11) , s 7. (1721-2) 8 George I c 24 . (1744-5) 18 George II c 30 *.

The provisions of each Act except so much of each Act as relates to the punishment of the crime of piracy or of any offence by any of the said Acts decl

Queensland Imperial Acts: 

IMPERIAL ACTS APPLICATION ACT 1984 - SCHEDULE 1

IMPERIAL ENACTMENTS CONTINUED IN FORCE

	Citation	Short title and enactment
1	(1297) 25 Edward 1 ch 29	Magna Carta
2	(1351) 25 Edward 3 ch 4	Criminal & Civil Justice
3	(1354) 28 Edward 3 ch 3	Liberty of subject
4	(1368) 42 Edward 3 ch 3	Due Process of Law
5	(1623) 21 James 1 ch 3	Statute of Monopolies, ss 1 and 6
6	(1627) 3 Charles 1 ch 1	Petition of Right
7	(1640) 16 Charles 1 ch 10	Habeas Corpus Act 1640, s 6
8	(1679) 31 Charles 2 ch 2	Habeas Corpus Act 1679, ss 1-8, 11, 15-19
9	(1688) 1 William & Mary Sess. 2 ch 2	Bill of Rights
10	(1698) 11 William 3 ch 7	Piracy Act 1698
11	(1700) 12 & 13 William 3 ch 2	Act of Settlement
12	(1702) 1 Anne ch 2	Demise of Crown Act 1702, s 4
13	(1702) 1 Anne St. 2 ch 21	Treason Act 1702, s 3
14	(1707) 6 Anne ch 41	Succession to Crown Act 1707, s 9
15	(1750) 24 George 2 ch 23	Calendar (New Style) Act 1750
16	(1772) 12 George 3 ch 11	Royal Marriages Act 1772, ss l and 2
17	(1816) 56 George 3 ch 100	Habeas Corpus Act 1816

New South Wales provides a Penalty for breaking an Imperial Statute: 

IMPERIAL ACTS APPLICATION ACT 1969 - SECT 18

Forcible entry
18 Forcible entry

No person shall make any entry into any land except where such entry is given by law and, in such case, with no more force than is reasonably necessary.

Forcible detainer
19 Forcible detainer

No person being in actual possession of land for a period of less than three years by himself or his predecessors shall without colour of right hold possession of it in a manner likely to cause a breach of the peace or a reasonable apprehension of a breach of the peace against a person entitled by law to the possession of the land and able and willing to afford reasonable information as to his being so entitled.

Penalty

20 Penalty

Any person who contravenes section eighteen or section nineteen of this Act shall be guilty of an indictable offence and liable to imprisonment for a term of not more than one year or to a fine not exceeding 10 penalty units or to both such imprisonment and fine.