The Habeas Corpus Act 1640 is an Act

Act of Parliament

An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 of the Parliament of England

Parliament of England

The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...

 (16 Cha I. c. 10) with the long title

Long title

The long title is the formal title appearing at the head of a statute or other legislative instrument...

 "An Act for the Regulating the Privie Councell and for taking away the Court commonly called the Star Chamber." The Act was passed by the Long Parliament

Long Parliament

The Long Parliament was made on 3 November 1640, following the Bishops' Wars. It received its name from the fact that through an Act of Parliament, it could only be dissolved with the agreement of the members, and those members did not agree to its dissolution until after the English Civil War and...

 shortly after the impeachment and execution of Thomas Wentworth, 1st Earl of Strafford

Thomas Wentworth, 1st Earl of Strafford

Thomas Wentworth, 1st Earl of Strafford was an English statesman and a major figure in the period leading up to the English Civil War. He served in Parliament and was a supporter of King Charles I. From 1632 to 1639 he instituted a harsh rule as Lord Deputy of Ireland...

 in 1641 and before the English Civil War

English Civil War

The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...

. It abolished the Star Chamber

Star Chamber

The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...

. It also declared that anyone imprisoned by order of the king, privy council

Privy Council of the United Kingdom

Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...

, or any councilor could apply for a writ of habeas corpus

Habeas corpus

is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

, required that all returns to the writ "certify the true cause" of imprisonment, and clarified that the Court of Common Pleas

Court of Common Pleas (England)

The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...

 also had jurisdiction to issue the writ in such cases (prior to which it was argued that only the King's Bench

Court of King's Bench (England)

The Court of King's Bench , formally known as The Court of the King Before the King Himself, was an English court of common law in the English legal system...

could issue the writ).