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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or " prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has cert ...
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Medieval Latin
Medieval Latin was the form of Literary Latin used in Roman Catholic Church, Roman Catholic Western Europe during the Middle Ages. It was also the administrative language in the former Western Roman Empire, Roman Provinces of Mauretania, Numidia (Roman province), Numidia and Africa (Roman province), Africa Proconsularis under the Vandals, the Exarchate of Africa, Byzantines and the Kingdom of Altava, Romano-Berber Kingdoms, until it declined after the Arab conquest of North Africa, Arab Conquest. Medieval Latin in Southern and Central Visigothic Kingdom, Visigothic Hispania, conquered by the Arabs immediately after North Africa, experienced a similar fate, only recovering its importance after the Reconquista by the Northern Christian Kingdoms. In this region it served as the primary written language, though local languages were also written to varying degrees. Latin functioned as the main medium of scholarly exchange, as the liturgical language of the Roman Catholic Church, Churc ...
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Magna Carta
(Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons who demanded that the King confirm the Charter of Liberties, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift and impartial justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood by their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of th ...
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Habeas Corpus Act 1816
The Habeas Corpus Act 1816 ( 56 Geo. 3. c. 100) or Serjeant Onslow's Act was an act of the Parliament of the United Kingdom that modified the law on ''habeas corpus'' to remove the rule against controverting the return in non-criminal cases. Historically, the rules around factual inquiries in decisions around petitions for ''habeas corpus'' had been based on the '' Opinion on the Writ of Habeas Corpus'', a House of Lords disquisition by Wilmot CJ in 1758, which effectively nullified a bill for passage of ''An Act for giving a more speedy Remedy to the Subject upon the Writ of Habeas Corpus''. It made the argument that the writ allowed the judge only to ask for an explanation of why the prisoner was jailed known as the 'return'), not to debate whether that explanation was justified or to examine the facts of it ('controvert' it), which was the role of the jury. There were several ways around that. One was "confessing and avoiding", introducing and discussing contradicting the ...
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Impressment
Impressment, colloquially "the press" or the "press gang", is a type of conscription of people into a military force, especially a naval force, via intimidation and physical coercion, conducted by an organized group (hence "gang"). European navies of several nations used impressment by various means. The large size of the British Royal Navy in the Age of Sail meant impressment was most commonly associated with Great Britain and Ireland. It was used by the Royal Navy in wartime, beginning in 1664 and during the 18th and early 19th centuries as a means of crewing warships, although legal sanction for the practice can be traced back to the time of Edward I of England. The Royal Navy impressed many merchant sailors, as well as some sailors from other, mostly European, nations. People liable to impressment were "eligible men of seafaring habits between the ages of 18 and 55 years". Non-Sailor, seamen were sometimes impressed as well, though rarely. In addition to the Royal Navy's use ...
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Seven Years' War
The Seven Years' War, 1756 to 1763, was a Great Power conflict fought primarily in Europe, with significant subsidiary campaigns in North America and South Asia. The protagonists were Kingdom of Great Britain, Great Britain and Kingdom of Prussia, Prussia versus Kingdom of France, France and Habsburg monarchy, Austria, the respective coalitions receiving by countries including Portuguese Empire, Portugal, Spanish Empire, Spain, Electorate of Saxony, Saxony, Age of Liberty, Sweden, and Russian Empire, Russia. Related conflicts include the Third Silesian War, French and Indian War, Carnatic wars, Third Carnatic War, Anglo-Spanish War (1762–1763), Anglo-Spanish War (1762–1763), and Spanish–Portuguese War (1762–1763), Spanish–Portuguese War. Although the War of the Austrian Succession ended with the Treaty of Aix-la-Chapelle (1748), none of the signatories were happy with the terms, and it was generally viewed as a temporary armistice. It led to a strategic realignment kn ...
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Habeas Corpus Parliament
The Habeas Corpus Parliament, also known as the First Exclusion Parliament, was a short-lived English Parliament which assembled on 6 March 1679 (or 1678, Old Style) 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 Habeas Corpus Parliament sat for two sessions. The first session sat from 6 March 1679 to 13 March 1679, the second session from 15 March 1679 to 26 May 1679. It was dissolved while in recess on 12 July 1679. History The parliament succeeded the long Cavalier Parliament of 1661–1678/79, which the King had dissolved. Elections were held for a new parliament on various dates in February 1678/79, after which the Earl of Shaftesbury estimated that of the members of the new House of Commons one third were friends of the court, three-fifths favouring the Opposition, and the rest capable of going either way.Tim Harris, 'Cooper, Anthony Ashley', in the ''Oxf ...
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Whigs (British Political Party)
The Whigs were a political party in the Parliaments of England, Scotland, Ireland, Great Britain and the United Kingdom. Between the 1680s and the 1850s, the Whigs contested power with their rivals, the Tories. The Whigs became the Liberal Party when the faction merged with the Peelites and Radicals in the 1850s. Many Whigs left the Liberal Party in 1886 over the issue of Irish Home Rule to form the Liberal Unionist Party, which merged into the Conservative Party in 1912. The Whigs began as a political faction that opposed absolute monarchy and Catholic emancipation, supporting constitutional monarchism and parliamentary government, but also Protestant supremacy. They played a central role in the Glorious Revolution of 1688 and were the standing enemies of the Roman Catholic Stuart kings and pretenders. The period known as the Whig Supremacy (1714–1760) was enabled by the Hanoverian succession of George I in 1714 and the failure of the Jacobite rising of 1715 ...
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Parliament Of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the Great Council of England, great council of Lords Spiritual, bishops and Peerages in the United Kingdom, peers that advised the History of the English monarchy, English monarch. Great councils were first called Parliaments during the reign of Henry III of England, Henry III (). By this time, the king required Parliament's consent to levy taxation. Originally a Unicameralism, unicameral body, a Bicameralism, bicameral Parliament emerged when its membership was divided into the House of Lords and House of Commons of England, House of Commons, which included Knight of the shire, knights of the shire and Burgess (title), burgesses. During Henry IV of England, Henry IV's reign, the role of Parliament expanded beyond the determination of taxation policy to include the "redress of grievances", whi ...
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Charles II Of England
Charles II (29 May 1630 – 6 February 1685) was King of Scotland from 1649 until 1651 and King of England, Scotland, and King of Ireland, Ireland from the 1660 Restoration of the monarchy until his death in 1685. Charles II was the eldest surviving child of Charles I of England, Scotland and Ireland and Henrietta Maria of France. After Charles I's execution at Palace of Whitehall, Whitehall on 30 January 1649, at the climax of the English Civil War, the Parliament of Scotland proclaimed Charles II king on 5 February 1649. However, England entered the period known as the English Interregnum or the English Commonwealth with a republican government eventually led by Oliver Cromwell. Cromwell defeated Charles II at the Battle of Worcester on 3 September 1651, and Charles Escape of Charles II, fled to mainland Europe. Cromwell became Lord Protector of England, Scotland and Ireland. Charles spent the next nine years in exile in France, the Dutch Republic and the Spanish Netherlands. ...
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Exclusion Crisis
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 a Roman 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 Roman Catholics were to be excluded from the English, Scottish, and Irish thrones, later the British throne. Background In 1673, when the Duke of York refused to take the oath prescribed by the new Test Act, it became publicly known that he was a ...
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Habeas Corpus Act 1640
The Habeas Corpus Act 1640 ( 16 Cha. 1. c. 10) was an act of the Parliament of England. The act was passed by the Long Parliament shortly after the impeachment and execution of Thomas Wentworth, 1st Earl of Strafford in 1641 and before the English Civil War. It abolished the Star Chamber. It also declared that anyone imprisoned by order of the king, privy council, or any councillor could apply for a writ of ''habeas corpus'', required that all returns to the writ "certify the true cause" of imprisonment, and clarified that the Court of Common Pleas also had jurisdiction to issue the writ in such cases (prior to which it was argued that only the King's Bench could issue the writ). The writ was amended by the Habeas Corpus Act 1679 ( 31 Cha. 2. c. 2). The words of commencement were repealed by section 1 of, and schedule 1 to, the Statute Law Revision Act 1948. The whole act, so far as not otherwise repealed, was repealed in England by section 8(2) of, and Part I of schedu ...
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Habeas Corpus Act 1679
The Habeas Corpus Act 1679 ( 31 Cha. 2. c. 2) is an act of the Parliament of England passed 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. Earlier and subsequent history 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 Assize of Clarendon of 1166. It was guaranteed, but not created, by Magna Carta in 1215, whose article 39 reads (translated from Latin): "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 o ...
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