Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
1679 (MDCLXXIX) was a common year starting on Sunday of the Gregorian calendar and a common year starting on Wednesday of the Julian calendar, the 1679th year of the Common Era (CE) and Anno Domini (AD) designations, the 679th year of the 2nd millennium, the 79th year of the 17th century, and the 10th and last year of the 1670s decade. As of the start of 1679, the Gregorian calendar was 10 days ahead of the Julian calendar, which remained in localized use until 1923.
Ex parte Merryman, 17 F. Cas. 144 (No. 9487), was a controversial U.S. federal court case that arose out of the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus" under the Constitution's Suspension Clause, when Congress was in recess and therefore unavailable to do so itself. More generally, the case raised questions about the ability of the executive branch to decline to enforce judicial decisions when the executive believes them to be erroneous and harmful to its own legal powers.
Anthony Ashley Cooper, 1st Earl of Shaftesbury PC, FRS, was an English statesman and peer. He held senior political office under both the Commonwealth of England and Charles II, serving as Chancellor of the Exchequer from 1661 to 1672 and Lord Chancellor from 1672 to 1673. During the Exclusion Crisis, Shaftesbury headed the movement to bar the Catholic heir, James II, from the royal succession, which is often seen as the origin of the Whig party. He was also a patron of the political philosopher John Locke, with whom Shaftesbury collaborated with in writing the Fundamental Constitutions of Carolina in 1669.
The Exclusion Crisis ran from 1679 until 1681 in the reign of King Charles II of England, Scotland and Ireland. Three Exclusion Bills sought to exclude the King's brother and heir presumptive, James, Duke of York, from the thrones of England, Scotland and Ireland because he was Catholic. None became law. Two new parties formed. The Tories were opposed to this exclusion while the "Country Party", who were soon to be called the Whigs, supported it. While the matter of James's exclusion was not decided in Parliament during Charles's reign, it would come to a head only three years after James took the throne, when he was deposed in the Glorious Revolution of 1688. Finally, the Act of Settlement 1701 decided definitively that Catholics were to be excluded from the English, Scottish and Irish thrones, now the British throne.
The Habeas Corpus Act 1679 is an Act of Parliament in England during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
Habeas Corpus Act may refer to several Acts of Parliament and Acts of Congress relating to Habeas Corpus:
Habeas corpus is a legal action through which a person can seek relief from unlawful detention.
Sir Edward Seymour, of Berry Pomeroy, 4th Baronet, MP was a British nobleman, and a Royalist and Tory politician.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
The Habeas Corpus Act 1640 was an Act of the Parliament of England.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.
Events from the year 1679 in England.
Sir William Gregory was a British judge and politician. Born the son of the vicar of Fownhope, he was educated at Hereford Cathedral School and All Souls College, Oxford and was then called to the Bar from Gray's Inn. In 1653 he married Katharine, only daughter and heiress of James Smith of Tillington, by whom he had an only son, James, who died in 1691 before his father. It was not until 1677 that William gained prominence, being elected a Serjeant-at-law. In March 1677 the election of Sir Thomas Williams as a Member of Parliament for Weobly was called into question and declared void, so William Gregory offered himself as a candidate and was elected without opposition on 9 March.
Hungerford Dunch was an English politician who sat in the House of Commons in 1660 and from 1679 to 1680.
Thomas Penruddocke DL, of Compton Chamberlayne was a Wiltshire landowner and politician, briefly member of parliament for Wilton in 1679 and again in 1689.
The Habeas Corpus Parliament, also known as the First Exclusion Parliament, was a short-lived English Parliament which assembled on 6 March 1679 during the reign of Charles II of England, the third parliament of the King's reign. It is named after the Habeas Corpus Act, which it enacted in May 1679.
The Exclusion Bill Parliament was a Parliament of England during the reign of Charles II of England, named after the long saga of the Exclusion Bill. Summoned on 24 July 1679, but prorogued by the king so that it did not assemble until 21 October 1680, it was dissolved three months later on 18 January 1680/81.
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners. It began in the House of Representatives as an indemnity bill, introduced on December 5, 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The Senate amended the House's bill, and the compromise reported out of the conference committee altered it to qualify the indemnity and to suspend habeas corpus on Congress's own authority. Abraham Lincoln signed the bill into law on March 3, 1863, and suspended habeas corpus under the authority it granted him six months later. The suspension was partially lifted with the issuance of Proclamation 148 by Andrew Johnson, and the Act became inoperative with the end of the Civil War. The exceptions to Johnson's Proclamation 148 were the States of Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, the District of Columbia, and the Territories of New Mexico and Arizona.
United States v. Ju Toy, 198 U.S. 253 (1905), is a United States Supreme Court case in which the Supreme Court conceded its right to judicial review over immigration matters. The case held that "a citizen of Chinese parentage seeking admission to the United States" could be excluded by the administrative immigration authorities, even when being denied a hearing before a judicial body on the question whether they were indeed a citizen. The Court determined that refusing entry at a port does not deny due process and held that findings by immigration officials are conclusive and not subject to judicial review unless there is evidence of bias or negligence. This case marked a shift in the court in respect to habeas corpus petitions and altered the judicial landscape for citizens applying for admission into the United States as well as for those facing deportation.
