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The Habeas Corpus Act of 1679, was passed during the reign of the restored monarchy of Charles II after the English Civil War. It strengthened the ancient and powerful writ which had been a feature of English Common Law since before Magna Carta. It served to safeguard individual liberty, preventing unlawful or arbitrary imprisonment. Habeas Corpus is Latin for “you may have the body” – subject to legal examination before a court, or a judge.

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The early settlers in the United States took with them copies of the Magna Carta. One undertaking given by King John in that Charter was as follows: No freeman shall be arrested or imprisoned or disseised or outlawed or exiled or in...

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