In June Shaftesbury applied for a writ of habeas corpus, but could get no release until the 26th of February 1678, after his letter and three petitions to the king.
The Habeas Corpus Act was suspended, and the leaders were seized and imprisoned.
Of the issue of writs of habeas corpus before the charter.
Error or certiorari to which a writ of habeas corpus might be used as ancillary.
Being brought before the bar of the House of Lords he made submission as to his conduct in declaring parliament dissolved by the prorogation, and in violating the Lords' privileges by bringing a habeas corpus in the King's Bench.
These Personal Liberty Laws forbade justices and judges to take cognizance of claims, extended the habeas corpus act and the privilege of jury trial to fugitives, and punished false testimony severely.
The supreme court has original jurisdiction in habeas corpus, quo warranto and mandamus proceedings against all state officers; and it has appellate jurisdiction except in civil actions for the recovery of money or personal property, in which the original amount in controversy does not exceed $200, and which at the same time do not involve the legality of a tax, impost, assessment, toll or municipal fine, or the validity of a statute.
During the war that followed the west section was generally loyal to the north while the south section favoured the Confederacy and furnished many soldiers for its army; but most of the state was kept under Federal control, the writ of habeas corpus being suspended.
The Democratic Party, adopted resolutions that condemned the suspension of the writ of Habeas Corpus, endorsed the doctrine of state sovereignty, demanded a national assembly to determine terms of peace, and asked President Lincoln to withdraw the proclamation that emancipated the slaves, and so to permit the people of Illinois to fight only for "Union, the Constitution and the enforcement of the laws."
There are various forms of the writ, of which the most famous is that known as habeas corpus ad subjiciendum, the well-established remedy for violation of personal liberty.
In Darnel's case (1627) the judges held that the command of the king was a sufficient answer to a writ of habeas corpus.
5) that, contrary to the Great Charter and the good laws and statutes of the realm, divers of the king's subjects had of late been imprisoned without any cause shown, and when they were brought up on habeas corpus ad subjiciendum, and no cause was shown other than the special command of the king signified by the privy council, were nevertheless remanded to prison, and enacted "that no freeman in any such manner as is before mentioned be imprisoned or detained."
Case (1629), when it was successfully returned to a habeas corpus that Selden and others were committed by the king's special command "for notable contempts against the king and his government and for stirring up sedition against him."
2 This led to legislation in 1640 by which, after abolishing the Star Chamber, the right to a habeas corpus was given to test the legality of commitments by command or warrant of the king or the privy council.3 The reign of Charles II.
In 1668 a writ of habeas corpus was issued to test the legality of an imprisonment in Jersey.
In 1679, but rather in consequence of Lord Clarendon's arbitrary proceedings 4 than of Jenkes's case, a fresh bill was introduced which passed both Houses (it is said the upper House by the counting of one stout peer as ten) and became the famous Habeas Corpus Act of 16 79 (31 Car.
(2) If any person be committed for any crime - unless for treason or felony plainly expressed in the warrant - it shall be lawful for such person or persons (other than persons convicted or in execution by legal process) in time of vacation, to appeal to the lord chancellor as a judge, who shall issue a habeas corpus returnable immediately, and on the return thereof shall discharge the prisoner on giving security for his appearance before the proper court - unless the party so committed is detained upon a legal process or under a justice's warrant for a non-bailable offence.
(3) Persons set at large on habeas corpus shall not be recommitted for the same offence unless by the legal order and process of the court having cognizance of the case.
Persons not sui juris detained by those not entitled to their guardianship or lunatics, or persons kidnapped, habeas corpus ad subjiciendum seems not to have been the ordinary common law remedy.
Since that date the habeas corpus ad subjiciendum has been used in cases of illegal detention in private custody.
It enacts (r) that a writ of habeas corpus shall be issued in vacation time in favour of a person restrained of his liberty otherwise than for some criminal or supposed criminal matter (except persons imprisoned for debt or by civil process); (2) that though the return to the writ be good and sufficient in law, the judge shall examine into the truth of the facts set forth in such return, and if they appear doubtful the prisoner shall be bailed; (3) that the writ shall run to any port, harbour, road, creek or bay on the coast of England, although not within the body of any county.
The last clause was intended to meet doubts on the applicability of habeas corpus in cases of illegal detention on board ship, which had been raised owing to a case of detention on a foreign ship in an English port.
The so-called "suspension of the Habeas Corpus Act" bears a certain similarity to what is called in Europe "suspending the constitutional guarantees" or "proclaiming a'state of siege," but "is not in reality more than suspension of one particular remedy for the protection of personal freedom."
Thus habeas corpus ad respondendum is used to bring up a prisoner confined by the process of an inferior court in order to charge him in another proceeding (civil or criminal) in the superior court or some other court.
The common law of Ireland as to the writs of habeas corpus is the same as that in England.
The Habeas Corpus Act 1679 does not apply to Ireland; but its equivalent is supplied by an act of 1781-1782 of the Irish parliament (21 & 22 Geo.
The writ of habeas corpus is unknown to Scots law, nor will it issue from English courts into Scotland.
But by the Supreme Court Ordinance of 1893 that court possesses (inter alia) all the authorities, powers and functions belonging to or incident to a superior court of record in England, which appears to include the power to issue the writ of habeas corpus.
HABEAS CORPUS, in English law, a writ issued out of the High Court of Justice commanding the person to whom it is directed to bring the body of a person in his custody before that or some other court for a specified purpose.
Persons neglecting for two terms to pray for a habeas corpus shall have none in vacation.
A judge delaying habeas corpus forfeits £500 to the party aggrieved.
In times of public danger it has occasionally been thought necessary to "suspend" the Habeas Corpus Act 1679 by special and temporary legislation.
In consequence of the last decision it was provided by the Habeas Corpus Act 1862 that no writ of habeas corpus should issue out of England by authority of any court or judge "into any colony or foreign dominion of the crown where the crown has a lawfully established court of justice having authority to grant or issue the writ and to ensure its due execution in the 'colony' or dominion" (25 & 26 V.
The writ of habeas corpus has not been formally adopted or the Habeas Corpus Acts formally extended to South Africa; but in the Cape Colony, under the charter of justice and colonial legislation, the supreme court on petition grants a remedy equivalent to that obtained in England by writ of habeas corpus; and the remedy is sometimes so described (Koke v.
The laws of Ceylon being derived from the Roman-Dutch law, the writ of habeas corpus is not indigenous: but, under s.
49 of the Supreme Court Ordinance 1889, the court or a judge has power to grant and issue "mandates in the nature of writs of habeas corpus."
The chartered high courts in India have power to issue and enforce the writ of habeas corpus.
The common law as to the writ of habeas corpus has been inherited from England, and has been generally made to apply to commitments and detentions of all kinds.
Paterson, Liberty of the Subject (1877); Short and Mellor, Crown Practice (1890); American: Church on Habeas Corpus (2nd ed.
He became lieutenant governor of Virginia in June 1710, when he was received with some enthusiasm, because he brought to the colony the privilege of habeas corpus; his term as governor closed in September 1722 - probably because he meddled in ecclesiastical matters; but he remained in Virginia, living near his ironworks in Germanna, a settlement of Germans, on the Rapidan in Spottsylvania county (named in his honour) and he was deputy postmaster-general of the colonies from 1730 to 1739.
The court has original jurisdiction in quo warranto and mandamus proceedings against state officers and in habeas corpus cases, general appellate jurisdiction, and a superintending control over the inferior courts.
It also took away all patronage from the governor, reduced his term to two years, forbade him to proclaim martial law or suspend the writ of habeas corpus, and abolished all registration laws: all these provisions being reflections of Reconstruction struggles.