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Updated: May 16, 2025
The benefit of the writ of habeas corpus, which, though issuable at common law, really first took its present shape in 1679, by the Act of 31 Charles II, Chap. II, was thought in this country, though not by the Lords of Trade and Plantations, to be a privilege of Americans, as British subjects.
There were apoplectic cheeks, blazing eyes, and gasps for breath while the enormity of the offense was being noised abroad. Law is law, however. Procedure is procedure, and no writ of injunction was either issuable or returnable on a legal holiday, when no courts were sitting.
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