The Rhode Island Superior Court is the state trial court of general jurisdiction in Rhode Island .
70-412: The Superior Court has original jurisdiction in all felony proceedings, civil matters with an amount in controversy in excess of $ 10,000, and all matters of equity . The Superior Court exercises concurrent jurisdiction in civil matters with an amount in controversy between $ 5,000 and $ 10,000 with the lower District Court (a court of limited jurisdiction ), and also has concurrent jurisdiction with
140-592: A trial de novo (new trial). The Superior Court has a specialized business court track, the Business Calendar, which is one of the oldest business court programs in the United States, originally led by Associate Justice Michael A. Silverstein , who served as a Business Calendar judge from 2001 to 2018. Since Rhode Island has no intermediate appellate court , appeals from the Superior Court go directly to
210-410: A "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order ; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian
280-598: A 14th-century Anglo-French document requiring a person be brought before a court or judge--especially to determine whether the person is being detained legally. Praecipimus tibi quod corpus A.B. in prisona nostra sub custodia tua detentum, ut dicitur, una cum die et causa captionis et detentionis suae, quocumque nomine praedictus A.B. censeatur in eadem, habeas coram nobis ... ad subjiciendum et recipiendum ea quae curia nostra de eo adtunc et ibidem ordinare contigerit in hac parte. Et hoc nullatenus omittatis periculo incumbente. Et habeas ibi hoc breve. We command you, that
350-498: A High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Indian Constitution. The Supreme Court has special advisory jurisdiction in matters that may specifically be referred to by the president of India under Article 143 of the Indian Constitution. In the United States, courts having original jurisdiction are referred to as trial courts . In certain types of cases,
420-593: A State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. United States Constitution Article III, §3, cl. 2 In the federal court system and those of most U.S. states , there are several types of trial courts. That is, there are several specialized courts with original jurisdiction over specific types of matters, and then
490-619: A court with original jurisdiction over anything not reserved to more specialized courts. Not all "trial courts" exclusively exercise original jurisdiction. Indeed, in both the federal and most state court systems, the trial courts of " general jurisdiction " hear appeals from trial courts of limited original jurisdiction; many states call these courts " superior courts " for this reason. For example, United States district courts hear appeals from their bankruptcy courts (which operate as quasi-independent units of district courts but are constitutionally separate Article I tribunals ). Similarly,
560-576: A lower court's decision. In India , the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on the other side or cases between different states. Original jurisdiction is related to cases directly brought to
630-472: A person may not be subjected to any legal proceeding--such as arrest and imprisonment--without sufficient evidence having already been collected to show that there is a prima facie case to answer. The evidence must be collected beforehand because it must be available for exhibition in a public hearing within hours--or at most--days after arrest. Any charge leveled at the hearing thus must be based on evidence already collected, and an arrest and incarceration order
700-542: A result of the Habeas Corpus Acts, could be made regardless of whether the court was in session, by presenting the petition to a judge. Since the 18th century the writ has also been used in cases of unlawful detention by private individuals, most famously in Somersett's Case (1772), where the black slave, Somersett, was ordered to be freed. During that case, these famous words are said to have been uttered: "... that
770-692: A session of the Constituent Assembly , H.V. Kamath, a member, suggested the removal of specific references to writs in Article 32, expressing concern that such references could restrict judges from establishing new types of writs in the future, while Dr. B.R. Ambedkar , the Chairperson of the Drafting Committee, emphasized the significance of retaining references to the writs. Dr. B.R. Ambedkar noted that writs, including habeas corpus , are already part of
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#1732869628767840-610: A specific procedure for the High Court to enquire into the lawfulness of any person's detention. It does not mention the Latin term habeas corpus , but includes the English phrase "produce the body". Article 40.4.2° provides that a prisoner, or anyone acting on his behalf, may make a complaint to the High Court (or to any High Court judge) of unlawful detention. The court must then investigate
910-565: A statutory basis for any infringements of the fundamental rights guaranteed by the Basic Law while also guaranteeing judicial review; article 20, paragraph 3, which guarantees the rule of law; and article 3 which guarantees equality. In particular, a constitutional obligation to grant remedies for improper detention is required by article 19, paragraph 4 of the Basic Law, which provides as follows: "Should any person's right be violated by public authority, he may have recourse to
980-461: Is acted upon by the government. The wording of the writ of habeas corpus implies that the prisoner is brought to the court for the legality of the imprisonment to be examined. However, rather than issuing the writ immediately and waiting for the return of the writ by the custodian, modern practice in England is for the original application to be followed by a hearing with both parties present to decide
1050-439: Is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus . One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado . Most Continental European law-influenced jurisdictions provide a similar remedy for those unlawfully detained, but this
1120-434: Is not always called habeas corpus . For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad ("protection of freedom"). Habeas corpus has certain limitations. The petitioner must present a prima facie case that a person has been unlawfully restrained. As a procedural remedy , it applies when detention results from neglect of legal process, but not when
1190-484: Is not binding on the Defence Forces during a state of war or armed rebellion. The full text of Article 40.4.2° is as follows: Upon complaint being made by or on behalf of any person to the High Court or any judge thereof alleging that such person is being unlawfully detained, the High Court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order
1260-430: Is not lawful if not supported by sufficient evidence. William Blackstone cites the first recorded usage of habeas corpus ad subjiciendum in 1305, during the reign of King Edward I . However, other writs were issued with the same effect as early as the reign of Henry II in the 12th century. Blackstone explained the basis of the writ, saying "[t]he king is at all times entitled to have an account, why
1330-577: Is only a procedural device to examine the lawfulness of a prisoner's detention, so long as the detention is in accordance with an Act of Parliament , the petition for habeas corpus is unsuccessful. Since the passage of the Human Rights Act 1998 , the courts have been able to declare an Act of Parliament to be incompatible with the European Convention on Human Rights , but such a declaration of incompatibility has no legal effect unless and until it
1400-516: Is the respondent must prove authority to do or not do something. Failing that, the court must decide for the petitioner , who may be any person, not just an interested party. This differs from a motion in a civil process in which the movant must have standing, and bears the burden of proof. The phrase is from the Latin habeās , second person singular present subjunctive active of habēre , "to have", "to hold"; and corpus , accusative singular of corpus , "body". In reference to more than one person,
1470-506: The Habeas Corpus Parliament – being dissolved by the king immediately afterwards. Then, as now, the writ of habeas corpus was issued by a superior court in the name of the sovereign, and commanded the addressee (a lower court, sheriff, or private subject) to produce the prisoner before the royal courts of law. A habeas corpus petition could be made by the prisoner him or herself or by a third party on his or her behalf and, as
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#17328696287671540-629: The Assize of Clarendon of 1166, a reissuance of rights during the reign of Henry II of England in the 12th century. The foundations for habeas corpus are "wrongly thought" to have originated in Magna Carta but in fact predate it. This charter declared that: No Freeman shall be taken or imprisoned, or be disseized of his Freehold , or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by
1610-612: The Australian parliament passed the Australian Anti-Terrorism Act 2005 . Some legal experts questioned the constitutionality of the act, due in part to limitations it placed on habeas corpus . Habeas corpus rights are part of the English legal tradition inherited by Canada. The rights exist in the common law and have been enshrined in section 10(c) of the Charter of Rights and Freedoms , which states that "[e]veryone has
1680-561: The Basic Law for the Federal Republic of Germany provides that deprivations of liberty may be imposed only on the basis of a specific enabling statute that also must include procedural rules. Article 104, paragraph 2 requires that any arrested individual be brought before a judge by the end of the day following the day of the arrest. For those detained as criminal suspects, article 104, paragraph 3 specifically requires that
1750-449: The English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The most common of the other such prerogative writs are quo warranto , prohibito , mandamus , procedendo , and certiorari . The due process for such petitions is not simply civil or criminal, because they incorporate the presumption of non-authority. The official who
1820-580: The Rhode Island Supreme Court (the state supreme court ) in the issuance of writs of habeas corpus and mandamus . The Superior Court is the trial court of record in Rhode Island and is the only Rhode Island court for hearing jury trials . The lower District Courts hear trials of misdemeanor cases, and the decisions of the District Court may be appealed to the Superior Court for
1890-706: The U.S. Supreme Court has original jurisdiction concurrently with lower courts. The original jurisdiction of the U.S. Supreme Court is governed by Article III, Section 2 of the United States Constitution and Title 28 of the United States Code, section 1251 . Most commonly, original jurisdiction cases involve suits between states as parties, usually over territorial or water rights disputes. The United States Constitution defines Original Jurisdiction thus: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which
1960-410: The body of A.B. in our prison under your custody detained, as it is said, together with the day and cause of his taking and detention, by whatever name the said A.B. may be known therein, you have at our Court ... to undergo and to receive that which our Court shall then and there consider and order in that behalf. Hereof in no way fail, at your peril. And have you then there this writ. Victoria by
2030-525: The 18th day of January next, to undergo and receive all and singular such matters and things which our said Court shall then and there consider of in this behalf; and have there then this Writ. United States of America, Second Judicial Circuit, Southern District of New York , ss.: We command you that the body of Charles L. Craig , in your custody detained, as it is said, together with the day and cause of his caption and detention, you safely have before Honorable Martin T. Manton , United States Circuit Judge for
2100-690: The Chief Justice moving a habeas corpus petition. It was also filed by the Panthers Party to protest the imprisonment of Anna Hazare , a social activist. In the Republic of Ireland , the writ of habeas corpus is available at common law and under the Habeas Corpus Acts of 1782 and 1816. A remedy equivalent to habeas corpus is also guaranteed by Article 40 of the 1937 constitution . The article guarantees that "no citizen shall be deprived of his personal liberty save in accordance with law" and outlines
2170-619: The Constitution grants the Supreme Court the authority to issue them. The Indian judiciary, in a catena of cases, has effectively resorted to the writ of habeas corpus to secure release of a person from illegal detention. The Indian judiciary has dispensed with the traditional doctrine of locus standi , so that if a detained person is not in a position to file a petition, it can be moved on his behalf by any other person. The scope of habeas relief has expanded in recent times by actions of
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2240-716: The English Parliament (1679), in Catalonia , there are references from 1428 in the recurs de manifestació de persones (appeal of people's manifestation) collected in the Furs de les Corts of the Crown of Aragon and some references to this term in the Law of the Lordship of Biscay (1527). The writ of habeas corpus as a procedural remedy is part of Australia 's English law inheritance. In 2005,
2310-733: The French Constitution and regulated by the Penal Code. These safeguards are equivalent to those found under the Habeas-Corpus provisions found in Germany, the United States and several Commonwealth countries. The French system of accountability prescribes severe penalties for ministers, police officers and civil and judiciary authorities who either violate or fail to enforce the law. Article 7 of [1789] Declaration also provides that "No individual may be accused, arrested, or detained except where
2380-507: The French team subsequently championed the habeas corpus provisions enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms . Germany has constitutional guarantees against improper detention and these have been implemented in statutory law in a manner that can be considered as equivalent to writs of habeas corpus . Article 104, paragraph 1 of
2450-670: The Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, To J.K., Keeper of our Gaol, in the Island of Jersey , and to J.C. Viscount of said Island, Greeting. We command you that you have the body of C.C.W. detained in our prison under your custody, as it is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called or known, in our Court before us, at Westminster , on
2520-560: The Indian judiciary. Usually, in most other jurisdictions, the writ is directed at police authorities. The extension to non-state authorities has its grounds in two cases: the 1898 Queen's Bench case of Ex Parte Daisy Hopkins , wherein the Proctor of Cambridge University did detain and arrest Hopkins without his jurisdiction, and Hopkins was released, and that of Somerset v Stewart , in which an African slave whose master had moved to London
2590-436: The Indian legal framework, but the existing writs are vulnerable to modifications through legislative changes, whereby the legislature, particularly with a strong majority, can amend the relevant laws, potentially leading to the suspension of writs like habeas corpus . However, following the Constitution's enactment, which includes explicit references to writs, these writs cannot be easily nullified by any legislative body because
2660-516: The Law Division of the Superior Court of New Jersey hears appeals from Pittsburgh have unique systems) and from certain agencies of local (e.g., zoning board ) and state governments (e.g., Pennsylvania Liquor Control Board ). Habeas corpus Habeas corpus ( / ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ; from Medieval Latin , lit. ' you should have
2730-455: The Law of the land. However the preceding article of Magna Carta, nr 38, declares: No legal officer shall start proceedings against anyone [ not just freemen, this was even then a universal human right ] on his own mere say-so, without reliable witnesses having been brought for the purpose. - in the original Latin: Nullus balivus ponat aliquem ad legem, simplici sua loquela, sine testibus fidelibus ad hoc aductis Pursuant to that language,
2800-473: The Providence County Courthouse, in the state capital of Providence (which the Superior Court shares with the Supreme Court and Rhode Island Law Library). Original jurisdiction In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction , when a higher court has the power to review
2870-471: The Second Judicial Circuit, within the circuit and district aforesaid, to do and receive all and singular those things which the said judge shall then and there consider of him in this behalf; and have you then and there this writ. The full name of the writ is often used to distinguish it from similar ancient writs, also named habeas corpus . These include: Habeas corpus originally stems from
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2940-964: The Superior Court. Rhode Island's five counties each have separate jurisdictions of Superior Court: One in Kent County (at the Noel Judicial Complex in Warwick ), one in Washington County (at the McGrath Judicial Complex at Wakefield ), one in Newport County (at the Murray Judicial Complex in Newport ), and a combined jurisdiction for Providence and Bristol counties (at the Licht Judicial Complex, formerly known as
3010-566: The Supreme Court. The chief administrative judge of the court is the Presiding Justice of the Superior Court. The chief administrative judge establishes calendars, assigns judges, appoints the Superior Court administrator, jury commissioner, and other staff, and makes rules for court business. The Presiding Justice manages the Central Registry, Arbitration Office, and Clerk's Office. There are 21 Associate Justices and five Magistrates of
3080-475: The Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to the Supreme Court on all cases involving
3150-542: The air of England was too pure for slavery" (although it was the lawyers in argument who expressly used this phrase – referenced from a much earlier argument heard in the Star Chamber – and not Lord Mansfield himself). During the Seven Years' War and later conflicts, the writ was used on behalf of soldiers and sailors pressed into military and naval service. The Habeas Corpus Act 1816 introduced some changes and expanded
3220-406: The applicant [i.e., the person seeking habeas corpus review] must establish that he or she has been deprived of liberty. Once a deprivation of liberty is proven, the applicant must raise a legitimate ground upon which to question its legality. If the applicant has raised such a ground, the onus shifts to the respondent authorities [i.e., the person or institution detaining the applicant] to show that
3290-419: The body ' ) is an equitable remedy by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. The writ of habeas corpus was described in the eighteenth century by William Blackstone as
3360-419: The context of a sharp confrontation between King Charles II and Parliament , which was dominated by the then sharply oppositional, nascent Whig Party . The Whig leaders had good reasons to fear the king moving against them through the courts (as indeed happened in 1681) and regarded habeas corpus as safeguarding their own persons. The short-lived parliament which made this enactment came to be known as
3430-400: The courts. If no other jurisdiction has been established, recourse shall be to the ordinary courts." In the Republic of India , the Supreme Court and High Courts possess the authority to issue a writ of habeas corpus , as granted by Articles 32 and 226 of the Constitution of India, respectively. (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of
3500-732: The deprivation of liberty was lawful. Suspension of the writ in Canadian history occurred at multiple times. During the October Crisis in 1970, the War Measures Act was invoked by the Governor General of Canada on the constitutional advice of Prime Minister Pierre Trudeau , who had received a request from the Quebec Cabinet. The Act was also used to justify German, Slavic, and Ukrainian Canadian internment during World War I , and
3570-626: The discretion to grant the writ even in the face of an alternative remedy (see May v Ferndale Institution ). Under the Criminal Code the writ is largely unavailable if a statutory right of appeal exists, whether or not this right has been exercised. As a fundamental human right in the 1789 Declaration of the Rights of Man and of the Citizen drafted by Lafayette in cooperation with Thomas Jefferson , safeguards against arbitrary detention are enshrined in
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#17328696287673640-445: The enforcement of fundamental rights of citizens. It is empowered to issue directions, orders or writs, including writs like habeas corpus , mandamus , prohibition, quo warranto and certiorari to enforce them. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of
3710-567: The internment of German-Canadians, Italian-Canadians and Japanese-Canadians during World War II . The writ was suspended for several years following the Battle of Fort Erie (1866) during the Fenian Rising , though the suspension was only ever applied to suspects in the Thomas D'Arcy McGee assassination. The writ is available where there is no other adequate remedy. However, a superior court always has
3780-474: The judge must grant a hearing to the suspect in order to rule on the detention. Restrictions on the power of the authorities to arrest and detain individuals also emanate from article 2 paragraph 2 of the Basic Law which guarantees liberty and requires a statutory authorization for any deprivation of liberty. In addition, several other articles of the Basic Law have a bearing on the issue. The most important of these are article 19, which generally requires
3850-477: The king was a sufficient answer to a petition of habeas corpus . The cornerstone purpose of the writ of habeas corpus was to limit the king's Chancery's ability to undermine the surety of law by allowing courts of justice decisions to be overturned in favor and application of equity , a process managed by the Chancellor (a bishop) with the king's authority. The 1679 codification of habeas corpus took place in
3920-632: The law so prescribes, and in accordance with the procedure it has laid down." ... The Constitution further states that "No one may be arbitrarily detained. The judicial authority, guardian of individual liberty, ensures the observance of this principle under the condition specified by law." Its article 5 provides that everyone has the right to liberty and sets forth permissible circumstances under which people may be deprived of their liberty and procedural safeguards in case of detention. In particular, it states that "anyone deprived of his liberty by arrest or detention shall be entitled to take proceedings by which
3990-497: The lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful". France and the United States played a synergistic role in the international team, led by Eleanor Roosevelt, which crafted the Universal Declaration of Human Rights . The French judge and Nobel Peace Laureate René Cassin produced the first draft and argued against arbitrary detentions. René Cassin and
4060-521: The lawfulness of the process itself is in question. In some countries, the writ has been temporarily or permanently suspended on the basis of a war or state of emergency , for example with the Habeas Corpus Suspension Act 1794 in Britain and the Habeas Corpus Suspension Act (1863) in the United States. The right to petition for a writ of habeas corpus has nonetheless long been celebrated as
4130-428: The legality of the detention, without any writ being issued. If the detention is held to be unlawful, the prisoner can usually then be released or bailed by order of the court without having to be produced before it. With the development of modern public law, applications for habeas corpus have been to some extent discouraged, in favour of applications for judicial review . The writ, however, maintains its vigour, and
4200-458: The liberty of any of his subjects is restrained, wherever that restraint may be inflicted." The procedure for issuing a writ 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 law (the Habeas Corpus Act 1640 ) had been passed forty years earlier to overturn a ruling that the command of
4270-406: The matter "forthwith" and may order that the defendant bring the prisoner before the court and give reasons for his detention. The court must immediately release the detainee unless it is satisfied that he is being held lawfully. The remedy is available not only to prisoners of the state, but also to persons unlawfully detained by any private party. However, the constitution provides that the procedure
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#17328696287674340-519: The most efficient safeguard of the liberty of the subject. The English jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty". The writ of habeas corpus is one of what are called the "extraordinary", " common law ", or " prerogative writs ", which were historically issued by
4410-451: The person in whose custody such person is detained to produce the body of such person before the High Court on a named day and to certify in writing the grounds of his detention, and the High Court shall, upon the body of such person being produced before that Court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he
4480-406: The phrase is habeas corpora . Literally, the phrase means "[we command] that you should have the [detainee's] body [brought to court]"; that is, that the detainee be brought to court in person. The complete phrase habeas corpus [coram nobis] ad subjiciendum means "that you have the person [before us] for the purpose of subjecting (the case to examination)". Those are the words of writs included in
4550-510: The right on arrest or detention ... to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful". The test for habeas corpus in Canada was established by the Supreme Court of Canada in Mission Institution v Khela , as follows: To be successful, an application for habeas corpus must satisfy the following criteria. First,
4620-424: The rights conferred by ( Part III ) is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus , mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by ( Part III ). (1) Notwithstanding anything in article 32, every High Court shall have power, throughout
4690-602: The territoriality of the legislation. The privilege of habeas corpus has been suspended or restricted several times during English history , most recently during the 18th and 19th centuries. Although internment without trial has been authorised by statute since that time, for example during the two World Wars and the Troubles in Northern Ireland , the habeas corpus procedure has in modern times always technically remained available to such internees. However, as habeas corpus
4760-438: The territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus , mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. On 9 December 1948, during
4830-730: Was freed by action of the writ. For example, in October 2009, the Karnataka High Court heard a habeas corpus petition filed by the parents of a girl who married a Muslim boy from Kannur district and was allegedly confined in a madrasa in Malapuram town. In 1976, the habeas writ was used in the Rajan case , a student victim of torture in local police custody during the nationwide Emergency in India. On 12 March 2014, Subrata Roy 's counsel approached
4900-401: Was held by the UK Supreme Court in 2012 to be available in respect of a prisoner captured by British forces in Afghanistan , albeit that the Secretary of State made a valid return to the writ justifying the detention of the claimant. Although the first recorded historical references come from Anglo-Saxon law in the 12th century and one of the first documents referring to this right is a law of
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