Show vy i nn L STORY OF THE HABEAS CORPUS J truE The Th Idea Iden of or liberty Is ix I very cry old much older than the Idea ot of parliament or constitutional governments Tho rho latter r came in III to formulate regulate and pro pre preserve Servo serve liberty lIbert The fhe great J S of at liberty ore aro ft ell donned defined and C readily recognized Is III Magna Mn nn Charts Charta granted In iii 1215 2216 ICing King John uric prior to grunting this tithe charter chart r had exercised almost tin limited r The Tho greatest Hf provision of ot magna ch I Is 18 No freeman frooman shall be taken or ot Imprisoned or or outlawed or banished or de destroyed royed nor 1101 will tho king Icing pass upon him or commit him to prison unless by hy bytho bytho tho Judgment o ot his lila peers peer or the laws lawa of Pr the tho land Upon this foundation constitutional government was erected orect d This Tills guaran guarantee tee of uniform administration of or law wits was many litany violated but tho the peo lIeo pIa never yielded lel tho the rights won by tho the H D BY the petition of ot In Iii I li 28 after In the reign of Charles I tho rights twined gained under Magna Charla Were and a nIl strengthened The Petition of ot Right night prayed e that no man mati be bo compelled to lo maka or yield thy MY gift gilt ioui benevolence tux tax or such Auh suchlike suchlike like without consent I by b act of at parliament t that none be I called upon to In ke answer for Cor refusal BO so to do that he be or only by Uw law and not lot by b tho the kings special command without any charge char c The provisions of ot both those these charters of oC liberty were wore constantly disregarded and the tho people complained that unless there thero were some Home way to enforce clIone the rights arbitrary kings would deny them that they should some somo way wn of showing that men mell were Imprisoned without a IL trial by their peels peel und antI that they thoy were passed pas ell upon by b the tIme com coin command mand of at the king and imd not by b the due process of law Tho The habeas corpus act was adopted 1 I to meet rHeet the condition and nd to r relieve the people from all 1111 unjust Imprisonments It compelled judges and anti other to give deliverance where It appeared that the law I I of oC th the lend land hud had been bon tie dis disregarded regarded rt In their Imprisonment The habeas act caine In 1679 1619 61 51 years attar after the Petition of o Right HIght and 46 years year alter after Charta Chatta It IB Is a n ng groat g t charter of ot constitutional liberty There Is La a common belief that tho ho Issuance of writ of ot habeas habl corpus frees free the This U II not so 80 The j pe 11 Ullon for tor i L i writ of ot habeas haben corpus states Ita tell tellIn in that the thu th petitioner Is 18 file Ille Illegally sullY gully n rt of or his hlA liberty and that the court will Issue Its writ wilt II and that the tho thoi t hn i of the bring brill th the b dy before the judge Jul e arid and that inquiry v bo be b made mad m d as to the petitioners Imprison Imprisonment ment The judge tactics the writ for tor forIt forit It IH ill L all nil but compulsory upon him hint to do 10 doso doso so Upon a IL a hearing the prisoner la Is re ret remanded r or released according as tho the judge decides upon the facts and law hm The Time writ IB II used u d to Inquire Into ami anti de determine d termine the custody of ot children It li Is lithe I Ithe the grist writ of or Inquiry ns as to how howand howand and why uny one Is detained In III cus cue custody tody tOO ted Out But while It Is mo that the tho habeas corpus act net was passed In 1679 that act net In the tho opinion CI of the tho Chronicle was merely mON declaratory of ot what iad been English law for Cor longer than thun timers there therewa was wa t ae any allY record of 0 Political I MII It was one of ot the great laws which without the aid of ot legislation became part of ot the common law of ot and Is III g of ot r greater age Lift than bait Magna Charta Itself Hallam Hallama Halll 11 n ii his History of oC time the Middle Age Ages declares that whether the courts trained framed the writ after aCter harta according to the spirit of ot Its lis declara declaration lion tion or 01 found it already In their reg tog it become became from front that era eat the right of every el r subject to demand It He lie alto 1110 S that from the very earliest tl of oC law any 11 freeman might 08 us matter of ot right demand the I ot or this writ There WHO more or less Ieee of evasion o llon I and amid dodging by Imperious kings Icings and truckling judges Jud etI and during the stormy reign of oC harles haries I this title Increased for Charles uis as u IL bigot and MI hind had l leSS tt ta trill tint t mid ond more inure courage than had James Jamos I in carrying out the lie methods method of ot th the Scot Scottish Scottish tish Stuarts which James had hul intro introduced duei The famous Petition of ot Hight Illel II k for the tho express recognition of oC tills this right among antong others in but the act waa WM not passed until 1679 under Charles II 11 legislators did not enact it II Of this act net of 17 I Lalor says that though the tho origin orl ln of oC the writ Is some rome sometimes sometimes times IY stated to been boon boonin in this act the tho fact CLet Is that this act oct neither added to nor detracted from rom the ho principles of that ef of efficacious writ but was las passed ed In III order to tn define clear precision tho the ap op appropriate remedies attendant upon the Invasion of 01 personal rights The thing hud had existed for centuries Ti Li 1 1679 1671 It was lUK given a IL new suit stilt of clothes and it was Ins not lot until III hall hail been king for M years that the right was VAS extended to civil causes In III Inthe inthe the Chronicle |