History of the English People, Volume VI: Puritan England, 1642-1660; The Revolution, 1660-1683Green, John Richard
History
History of the English People, Volume VI: Puritan England, 1642-1660; The Revolution, 1660-1683
Green, John Richard
Great Britain -- History
Whatever might be the fate of these schemes the new Council and the new
ministry gave fair hope of a wise and patriotic government. But the
difficulties were still great. The nation was frenzied with suspicion
and panic. The elections to the new Parliament had taken place amidst a
whirl of excitement which left no place for candidates of the Court. The
appointment of the new ministry indeed was welcomed with a general burst
of joy, and its policy and that of the two Houses showed at once that a
more liberal spirit had entered into public affairs. In two remarkable
acts of the new Parliament English freedom made an advance even on the
work of 1641. From the moment when printing began to tell on public
opinion it had been gagged by a system of licenses. The regulations
framed under Henry the Eighth subjected the press to the control of the
Star Chamber, and the Martin Marprelate libels brought about a yet more
stringent control under Elizabeth. Even the Long Parliament laid a
heavy hand on the press, and the great remonstrance of Milton in his
"Areopagitica" fell dead on the ears of his Puritan associates. But the
statute for the regulation of printing which was passed immediately
after the Restoration expired finally in 1679 and the temper of the
present Parliament at once put an end to any attempt at re-establishing
the censorship. To the new freedom of the press the Habeas Corpus Act
added new security for the personal freedom of every Englishman. Against
arbitrary imprisonment provision had been made in the earliest ages by a
famous clause in the Great Charter. No free man could be held in prison
save on charge or conviction of crime or for debt; and every prisoner on
a criminal charge could demand as a right from the court of King's Bench
the issue of a writ of "habeas corpus," which bound his gaoler to
produce both the prisoner and the warrant on which he was imprisoned
that the court might judge whether he was imprisoned according to law.
In cases, however, of imprisonment on a warrant of the royal Council it
had been sometimes held by judges that the writ could not be issued, and
under Clarendon's administration instances had in this way occurred of
imprisonment without legal remedy. But his fall was quickly followed by
the introduction of a bill to secure this right of the subject, and
after a long struggle the Act which is known as the Habeas Corpus Act
passed finally in the Parliament of 1679. By this great statute the old
practice of the law was freed from all difficulties and exceptions.
Every prisoner committed for any crime save treason or felony was
declared entitled to his writ even in the vacations of the courts, and
heavy penalties were enforced on judges or gaolers who refused him this
right. Every person committed for felony or treason was entitled to be
released on bail unless indicted at the next session of gaol-delivery
after his commitment, and to be discharged if not indicted at the
sessions which followed.
Public-domain text, read in full here on John Shaqi.
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