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struggle4progress

(123,279 posts)
3. Habeas Corpus Act of 1679
Sun May 25, 2025, 05:03 PM
Sunday

... An Act for the better securing the Liberty of the Subject, and for Prevention of Imprisonment beyond the Seas ...

The Habeas Corpus Act 1679 (31 Cha. 2. c. 2) is an act of the Parliament of England passed during the reign of King Charles II ... The act is often wrongly described as the origin of the writ of habeas corpus. But the writ of habeas corpus had existed in various forms in England for at least five centuries before and is thought to have originated in the Assize of Clarendon of 1166. It was guaranteed, but not created, by Magna Carta in 1215, whose article 39 reads (translated from Latin): "No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers or the law of the land." The Act of 1679 followed an earlier Habeas Corpus Act 1640, which established that the command of the king or the Privy Council was no answer to a petition of habeas corpus ...

https://en.wikipedia.org/wiki/Habeas_Corpus_Act_1679

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