Habeas Corpus Act 1679

Habeas Corpus Act 1679




A. states that no one was to be imprisoned without a writ or warrant stating the charge against him
B. provided facilities to a prisoner to obtain either speedy trial or release in bail
C. safeguarded the personal liberties of the people against arbitrary imprisonment by the king's orders
D. All of the above



Answer: D


Source:

Habeas Corpus Act 1679

The Habeas Corpus Act 1679 is an Act of the Parliament of England (31 Cha. 2 c. 2) passed during the reign of King Charles II by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, a procedural device to force the courts to examine the lawfulness of a prisoner's detention in order to safeguard individual liberty and thus to prevent unlawful or arbitrary imprisonment.

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 12th Century Assize of Clarendon.

It was guaranteed, but not created, by Magna Carta in 1215, whose article 39 reads: "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 of 1640, which established that the command of the King or the Privy Council was no answer to a petition of habeas corpus.

Further Habeas Corpus Acts were passed by the British Parliament in 1803, 1804, 1816 and 1862, but it is the Act of 1679 which is remembered as one of the most important statutes in English constitutional history.

Though amended, it remains on the statute book to this day.




Link:
Habeas Corpus Act


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