Note 1073 — Chapter XVI · AN EXPERIMENT IN ADMINISTRATION
Reading edition
The right of habeas corpus under the Statute of Charles II, 1679, did not apply to the colonies. It is questionable whether our rights to it depend upon that statute or the common law. Cf. A. H. Carpenter, “Habeas Corpus in the Colonies,” American Historical Review, vol. VIII, pp. 19 f. In spite of the charges against Andros, the leaders apparently took the ground, before his arrival, that the right did not extend to the colony. Cf. Mather Papers, Mass. Hist. Soc. Coll., Series IV, vol. VIII, p. 390.