A Manual of Elementary Law

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93 Art. 40. "We will sell to no man, we will not deny or delay to any man, either justice or right." These two articles Mr. Hallam calls the "essential claus- es" of the Great Charter, being those which "protect the personal liberty and property of all freemen, by giving se- curity from arbitrary imprisonment and arbitrary spolia- tion." The Bill of Rights and the Petition of Right are in a sense supplementary to the Magna Charta, — passed, however, at a much later day. The Habeas Corpus Acts w...ere designed to secure to the people the right of personal liberty. "On these," says Mr. Dicey, "rest an Englishman's security for the en- joyment of his personal freedom." The chief of these acts was passed in the reign of Charles II., and applies par- ticularly to persons arrested on a charge of crime. A later act was passed in the reign of George III., and applies to all other cases of imprisonment. The two acts, taken together, form a guaranty that no person shall be kept in confinement an undue length of time, except by due process of law.

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