When was the writ of habeas corpus created? – Detailed Answer 2026

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Answer to: when was the writ of habeas corpus created

1679

Habeas corpus derives from the English common law where the first recorded usage was in 1305 , in the reign of King Edward I of England . The procedure for the issuing of writs of habeas corpus was first codified by the Habeas Corpus Act 1679 , following judicial rulings which had restricted the effectiveness of the writ . A previous act had been passed in 1640 to overturn a ruling that the command of the Queen was a sufficient answer to a petition of habeas corpus . Winston Churchill , in his chapter on the English Common Law in The Birth of Britain , explains the process thus :

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