n the case of new felonies. Under the Stuarts, Bills of
Attainder were generally brought only in cases where the Commons
believed that impeachment would fail,--as in the cases of Strafford
and Laud. It should be noticed that in an Impeachment the Commons
bring the accusation, and the Lords act as judges; but that in a Bill
of Attainder the Commons--that is, the accusers--themselves act as
judges, as well as the Lords.
III. The Great Statutes of Praemunire, 1393.
This statute, (first passed in 1353) was reenacted in 1393 to check
the power claimed by the Pope in England in cases which interfered
with power claimed by the King, as in appeals made to the Court of
Rome respecting Church matters, over which the King's court had
jurisdiction. The statute received its name from th ewrit served on
the party who had broken the law: "Praemunire facias, A.B."; that is,
"Cause A.B. to be forewarned" that he appear before us to answer the
contempt with which he stands charged. Henry VIII made use of this
statute in order to compel the clergy to accept his supremacy over the
English Church (SS265, 346, 348).
IV. Habeas Corpus Act, 1679.
The name of this celebrated statute is derived from its referring to
the opening words of the writ: "Habeas Corpus ad subjiciendum."
Sir James Mackintosh declares that the essence of the statute is
contained in clauses 39, 40 of Magna Carta--which see. The right to
Habeas Corpus was conceded by the Petition of Right and also by the
Statute of 1640. But in order to better secure the liberty of the
subject and for prevention of imprisonments beyond the seas, the
Habeas Corpus Act of 1679 was enacted, regulating the issue and return
of writs of Habeas Corpus.
The principal provisions of the Act are: 1. Jailers (except in cases
of commitment for treason or felony) must within three days of the
reception of the writ produce the prisoner in court, unless the court
is at a distance, when the time may be extended to twenty days at the
most. 2. A jailer, refusing ot do this, forfeits 100 pounds for the
first offence, and 200 pounds for the second. 3. No one set at liberty
upon any Habeas Corpus to be recommitted for the same offsense except
by the court having jurisdiction of the case. 4. The Act not to apply
to cases of debt.
V. Abstract of the Parliament Act (or Veto Act, S631),
18th August, 1911.
The Preamble states that "it is intended to substitute for the House
of Lords, as it a
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