1799: 39 George 3 c.15: Suspension of Habeas Corpus

1799: 39 George 3 c.15: An act to continue, until the twenty-first day of May one thousand seven hundred and ninety-nine, an act, made in the last session of parliament, intituled, An act to empower his Majesty to secure and detain such persons as his Majesty shall suspect are conspiring against his person and government.

[January 9, 1799.]

[Preamble.]

WHEREAS an act was passed in the last session of parliament, intituled An act to empower his Majesty to secure and detain such persons as his Majesty shall suspect are conspiring against his person and government, which act was to continue in force until the first day of February one thousand seven hundred and ninety-nine, and no longer: and whereas it is necessary for the publick safety that the provisions of the said act should be further continued: and for the better preservation therefore of his Majesty’s sacred person, and for securing the peace of the kingdom, and the laws and liberties thereof, be it enacted by the King’s most excellent majesty, by and with the advice and consent of the lords

1798.] Anno regni tricesimo nono Georgii III. c. 15. 133

spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same,

[Persons imprisoned for high treason &c. may be detained till May 21, 1799, &c.]

That every person or persons that are or shall be in prison within the kingdom of Great Britain at or upon the day on which this act shall receive his Majesty’s royal assent, or after, by warrant of his said Majesty’s most honourable privy council, signed by six of the said privy council, for high treason, suspicion of high treason, or treasonable practices, or by warrant, signed by any of his Majesty’s secretaries of state, for such causes as aforesaid, may be detained in safe custody, without bail or mainprize, until the twenty-first day of May one thousand seven hundred and ninety-nine; and that no judge or justice of the peace shall bail or try any such person or persons so committed, without order from his said Majesty’s privy council, till the said twenty-first day of May one thousand seven hundred and ninety-nine; any law or statute to the contrary notwithstanding.

[Act in Scotland of 1701, for preventing wrongous imprisonment, so far as may relate to treason, &c. suspended till May 21, 1799, &c.]

II. And be it further enacted, That the act made in Scotland in the year of our Lord one thousand seven hundred and one, intituled An act for preventing wrongous imprisonment, and against undue delays in trials, in so far as the same may be construed to relate to cases of treason and suspicion of treason, be suspended until the said twenty-first day of May one thousand seven hundred and ninety-nine; and that until the said day no judge, justice of the peace, or other officer of the law in Scotland, shall liberate, try, or admit to bail, any person or persons that is, are, or shall be, in prison within.Scotland, for such causes as aforesaid, without order from his Majesty’s privy council, signed by six of the said privy council.

[From May 21, 1799, persons committed to have the benefit of all laws providing for the liberty of the subject, &c.]

III. Provided always, That, from and after the said twenty-first day of May one thousand seven hundred and ninety-nine, the said persons so committed shall have the benefit and advantage of all laws and statutes any way relating to or providing for the liberty of the subjects of this realm.

[Privileges of parliament not invalidated by this act.]

IV. Provided always, and be it enacted, That nothing in this act shall be construed to extend to invalidate the ancient parliament rights and privileges in parliament, or to the imprisonment or detaining of any member of either house of parliament, during the sitting of such parliament, until the matter of which he stands suspected be first communicated to the house of which he is a member, and the consent of the said house obtained for his commitment or detaining.

[Persons against whom indictments for high treason are already formed, to be tried thereon.]

V. Provided nevertheless, That any person or persons in prison at the time of passing this act, against whom any bill or bills of indictment for high treason have been already formed, shall and may be tried on the same indictment, as if this act had never passed.

[Continuance of this act.]

VI. And be it further enacted, That this present act shall continue in force until the said twenty-first day of May one thousand seven hundred and ninety-nine, and no longer.

Source: Pickering, Statutes at Large, vol. 42.

Further reading: Wikipedia.