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AE .556

ENCYCLOPÆDIA PERTHENSIS.

H

н А В (1) * H

is in English, as in other languages, tion, H was used by the ancients to denote hou

a note of aspiration, founded only: mo, bæres, bora, &c. Thus H. B. stood for hen. by a strong emission of the breath, without any res bonorum; and H. S. corruptly for LLS. seconformation of the organs of speech, and is there. fterce; and HA. for Hadrianus. III. As a nufore by many grammarians accounted no letter. MERAL, H denotes 100; and with a dash over it, The b'ia English is scarcely ever mute at the be-, 6, 200,000. ginning of a word, or where it immediately pre * HA. interje8. [ba, Latin.] 1. An expres. cedes a vowel; as house, bebaviour : where it is fion of wonder, surprise, sudden question, or sudfollowed by a consonant it has no sound, accord, den exertion ding to the present pronunciation : but anciently, You shall look fairer ere I give or hazard : as now in Scotland, it made the syllable guttural; What says the golden chestha! let me see. as, right, bought.

Shak. (2.) H is used, 1. as a letter ; 2. as an abbrevia. Ha! what art thou! thou horrid headlefs tion; and, 3. as a numeral. I. As a LETTER, H trunk! is the 8th in our alphabet, and the 6th consonant. It is my Hastings ! Rowe's Fane Shore. Nothing can be more ridiculous than to dispute 2. An expression of laughter. Used with redupliits being a diftin& found, (See 1.) and formed in cation.--He faith among the trumpets ha, hag. a particular manner by the organs of speech, at and he smelleth the battle afar off. Yob. xxxix. 25 least in our language: witness the words all and Ha, ha, 'tis what so long I wish'd and vow'd; . ball, eat and beat, arm and barm, car and hear, Our plots and delusions at and bat, &c. as pronounced with or without Have wrought such confusions, the b. It is pronounced by a strong exspiration That the monarch's a Nave to the crown. Dryd. of the breath between the lips, closing, as it were, HAA, an isle on the N. coast of Scotland, 31 by a gentle motion of the lower jaw to the upper, miles SE. of Farout Head. and the tongue nearly approaching the palate. It (1.) HAAG, or Hag, a town of Germany, in seems to be agreed, that our H, which is the fame Bavaria, feated on a hill, on the W. fide of the with that of the Romans, derived its figure from Ion. Lon. 12. 23. E. Lat. 48.16. N. the Hebrew n. The Phænicians, and most an (29-3.) HAAG, 2 towns of Austria ; 1. ten miles cient Greeks and Romans, used the fame figure SE. of Ens: 2. eight m. WNW. of Schwanstadt. with our H, which in the series of all these alpha (1.) * HAAK. n. S. A fish. Ainsworth. bets keeps its primitive place, being the 8th let (2.) Haak, See GADUS, N° 6; and Hake,2. ter; though the afterwards occupied its place in HAANO, one of the HAPAE E Islands, discover. the Greek alpbabet, and its form was changed to ed by Capt. Cook, in 1977, in the S. Pacific X; while its former figure, H, was used for the Ocean. Lon. 185. 43. E. Lat. 19. 41. S. ?th letter, Eta, or long e. (See E.) H subjoined (1.) HAARBURG, a town and tort of Lunena, to co sometimes gives it the guttural sound, aş ,in þurg Zell, seated on the Seeve, 7 miles S. of Hamchaos, sometimes the found off, as in Charlotte ; burg. It was taken by the French, and retaken but more frequently that of th, as in charity, chit- by the Hanoverians in 1757. Lun. 27. 21. E. of chat, church, &c. and not seldom that of k, as in Ferro. Lat. 53. 33. N. chara&er, Achilles, &c. though the latter and all (2.) HAARBURG, a town of Suabia. other Greek proper names ought rather to have HAAREN, 2 towns of Germany, in Westpha. the guttural sound, agreeably to their original lia; 1. three miles NE, of Buren ; 2. two miles E. pronunciation. H subjoined to p and t, alio al. of Hamm. ters the sound of these letters; giving the form HAARKIRCHEN, a town of Germany, in mer the sound of f, as in philofopby, &c. and Austria, 3 miles N. of Efferding: the latter that of the Greek o, as in theology, truth, HABAKKUK, (popan, Heb. i. e. ä wrestler.] &c. and in some English words, as the, ibat, tbefe, one of the 12 lefser prophets, whose prophecies &c. a ftill harder found. II. As an ABBREVIA are taken into the canon of the Old Teltament. VOL. XI. PART I.

A

There

There is no precise time mentioned in Scripture issue when it is necessary to remove a prisoner, in when he lived; but from his predicting the de- order to prosecute or bear testimony in any court, Atruction of Jerusalem by the Chaldeans, it is or to be tried in the proper jurisdiction wherein evident that he propheged before Zedekiah, pro- the fact was committed. Such is, laftly, the combably about the time of Manasseh. He is report. mon writ ad faciendum et recipiendum, which ifsues ed to have been the author of several prophecies out of any of the courts of Westminfter-hall, when which are not extant: but all that are indisputably a perfon is sued in some inferior jurisdiction, and his are contained in three chapters. In these he is desirous to remove the action into the superior complains pathetically of the vices of the Jews; court; commanding the inferior judges to produce foretels their punishment by the Chaldeans; the the body of the defendant, together with the day defeat of the vast designs of Jehoiakim ; with the, and cause of his caption and detainer (whence the conquests of Nebuchadnezzar, his metamorphosis, writ is frequently denominated an babeas corpus and death. The 3d chapter is a prayer to God, cum causa), to do and receive whatsoever the king's whose majesty he describes with the utmoft gran. court shall consider in that behalf. This is a writ deur and sublimity of expreffion.

grantable of common right, without

any motion HABAR, a town of Persia, in Irak.

in court: and it instantly supersedes all proceed. HABAS, a town of France, in the dep. of Lan- ings in the court below. But, to prevent the furdes, 20 miles S. of Dax, and 9 NW. of Orthez. reptitious discharge of prisoners, it is ordered by

(1.) HABAT, a province of Barbary, in the stat. 1 & 2 P. & M. c. 13. that no habeas corpus kingdom of Fez; surrounded by the Mediterra- hall issue to remove any prisoner out of any goal, nean, the Straits of Gibraltar, and the Atlantic. unless signed by some judge of the court out of The chief towns are Arzilla and Tetuan. Ceuta which it is awarded. And, to avoid vexatious de. is in poffeffion of the Spaniards,

: lays by removal of frivolous causes, it is enacted -(2.) HABAT, a province of Morocco, 40 miles by fat. 21 Jac: I. c. 23. that, where the judge of square. Sallee is the capital."

an inferior court of record is a barrifter of 3 years HABDALA, (Heb. ii'e. diftinction, from bra, standing, no cause fhall be removed from thence to separate,) a ceremony of the Jews, obferved on by habeas corpus or other writ, after issue or dethe fabbath evening. When all the family is come murter deliberately joined: that no cause, if once home, they light a taper or lamp, with two wicks remanded to the inferior court by writ of proce2t least. The master of the family then takes a dendo or otherwise, fhall ever afterwards be again cup, with some wipe, mixed with fragrant spices, removed: and that no cause shall be removed at and having repeated a paffage of fcripture, (e:g. all, if the debt or damages laid in the declaration Pfal. cxxi. 13. or Efth. viii. 16.) he blesses the wine do not amount to the sum of five pounds. But and fpices. Afterwards he bleftes the light of the an expedient having been found out to elude the fire; and then casts his eyes on his hands and nails, latter branch of the statute, by procuring a noas remembering that he is going to work, to sigminal plaintiff to bring another action for sl. or nify, that the fabbath is over, and separated from upwards (and then by the course of the court, the day of labour which follows. After the cere. the habeas corpus removed both actions together), mony is over, and the company breaks up, they it is therefore enacted by ftat. 12 Geo. I. c. 29. with one another, not a good night, but a good that the inferior court may proceed in such actions week.

as are under the value of sl. notwithstanding (1.) * HABEAS CORPUS. (Latin.) A writ, the other actions may be brought against the fame de which, a man indicted of some trespass, being laid fender to a greater amount. But the great and in prison for the same, may have out of the King's efficacious writ, in all manner of illegal confineBench, thereby to remove himfelf thither at his ment, is that of habeas corpus ad subjiciendum ; die own costs, and to answer the cause there. Cowel rected to the person detaining another, and com

(2.) HABEAS CORPUs is the great remedy in manding him to produce the body of the prifoner, cases of FALSE IMPRISONMENT. The incapacity with the day and cause of his caption and deof the 3 other remedies referred to under the arti- tention, ad faciendum, fubjiciendum, et recipiendum, cle IMPRISONMENT, to give complete relief in to do, submit to, and receive whatsoever the judge every cafe, has almost entirely antiquated them, or court

awarding such writ shall consider in that and caused a general recourse co be had, in behalf behalf. This is a high prerogative writ, and there of persons aggrieved by illegal imprisonment, to fore by the common law issuing out of the court of this writ, the most celebrated in the English law. king's bench, not only in term time, but also during Of this there are various kinds made ufc of by the the vacation, by a fut from the chief justice, or any courts at Westminster, for removing prisoners other judge, and running into all parts of the from one court into another for the more easy, king's dominions : for the king is at all times intit: adminiftration of justice. Such is the habeas corpus led to have an account why the liberty of any of ad refpondendum, when a man hath a cause of ac. his subjects is reftramned, wherever that reftraint tion against one who is confined by the procels of may be inflicted. If it ifsues in vacation, it is fome inferior court; in order to remove the pri. usually returnable before the judge himfelf who foner, and charge him with this new action in the awarded it, and he proceeds by himself thereon ; court above. Such is that ad fatisfaciendum, when unless the term should intervene, and then it may a prisoner hath had judgment against him in an be returned in court. Indeed, if the party were action, and the plaintiff is defirous to bring him privileged in the courts of common pleas and ex. up to some superior court to charge him with pro. chequer, as being an officer or suitor of the court, cess of execution. Such are also those ad prose an habeas corpus ad fubjiciendum migât also have quendum, teftificandum, deliberandum, &c.; whích been awarded from thence; and, if the cause of

imprisonment were palpably illegal, they might : fions of magna charta, and a long succession of have discharged him: but if he were committed statutes enacted under Edward IIl. To affert an for any criminal matter, they could only have re. abfolute exemption from imprisonment in all cases, manded him, or taken hail for his appearance in is inconsistent with every idea of law and political the court of king's bench; whịch occasioned the society; and in the

e end would destroy all civil liCommon Pleas to discountenance such applica- berty, by rendering its protection impoffible: but tions. It has also been said, by very respectable the glory of the English law.confifts in clearly deauthorities, that the like habeas corpus may iffye fining the times, the causes, and the extent, when, out of the court of chancery in vacation : but, wherefore, and to what degree, the imprisonment upon the famous application to lord Nottingham of the subject may be lawful. This it is which by Jenks, notwith tanding the most diligegt induces the absolute necessity of exprelling upon Searches, no precedent could be found where every commitment the reason for which it is made; the chancellor had iffued such a writ in vaca- that the court, upon an habeas corpus, may exa

tion; and therefore his lordship, refufed it. In mine into its validity, and according to the cirthe court of king's bench it was, and is still, cumstances of the case may discharge, admit to necessary to apply for it by motion to the court, bail, or remand the prisoner. And yet, early in as in the case of all other prerogative writs, the reign of Charles I, the court of king's bench, *(certiorari, prohibition, mandamus, &c.), which relying on fome arbitrary, precedents and those

do not illue as of mere course, without showing perhaps misunderstood), determined that they lome probable cause why the extraordinary power could not, upon an babeas corpus, either bail or of the crown is called in to the party's assistance. deliver a prisoner, though committed without any For, as was argued by lord chief justice Vaughan, cause alligned, in case he was committed by the

It is granted on motion, because it cannot be {pecial command of the king, or by the lords of had of course, and there is therefore no necesity the privy council. This drew on a parliamentary to grant it; for the court ought to be satisfied inquiry, and produced the petition of right, 3 Car. that the party bath a probable cause to be deliver. I. which recites this illegal judgment, and enacts ed.” And this seems the more reasonable, be that no freeman hereafter mall be fo imprisoned cause, when once granted, the person to whom or detained. But when, in the following year, it is directed can return no satisfactory excuse for Mr Selden agd others were committed by the lords not bringing up the body of the prisoner. So of council, in pursuance of his majesty's fpecial that, if it issued of mere course, without showing command, under a general charge of potable to the court or judge some reasonable ground for contempts and stirring up fedition against the king awarding it, a traitor or felon under fentence of and government,” the judges delayed for two death, a soldier or mariner in the king's service, a terms (including also the long vacation to deliver wife, a child, a relation, or a domestic, confined an opinion how far such a charge was bailable ; for insanity or other prudential reasons, might ob- and when at length they agreed that it was, they tain a temporary enlargement by suing out an ha. however annexed a condition of finding fureties beas corpus, though sure to be remanded as soon as for the good behaviour, which till protracted brought up to the court. And therefore Sir their imprisonment; the chief justice, Sir Nicholas Edward Coke, when chief justice, did not fcruple, Hyde, at the same time declaring, that if they in 13 Jac. I. to deny a babeas corpus to one con were again remanded for that cause, perhaps the fined by the court of admiralty, for piracy; there court would not afterwards grant a babeas corpusą appearing, upon his own showing, fufficient being already made acquainted with the cause of grounds to confine him.. On the other band, if the imprisonment.”. But this was heard with in. a probable ground be nown, that the party is dignation and astonishment by every lawyer preimprisoned without just cause, and therefore has sent; according to Mr Şelden's own account of a right to be delivered, the writ of babeas corpus the matter, whose resentment was not cooled at is then a writ of right, which may not be de. the distance of 24 years. These pitiful evasions bied,' but ought to be granted to every man that gave

rise to the statute 16 Çar. II., cap. 10., 08. is committed, or detained in prison, or otherwise whereby it is enacted, that if any person be comrefrained, though it be by the command of the mitted by the king himself in person, pr by his king, the privy council, or any other." Under the privy council, or by any of the members thereof, articles LIBERTY and Rights, will be found, a he shall have granted unto him, without any de. full account of the personal liberty of the subject. lay upon any pretence whatsoever, a writ of baThis is a natural inherent right, which cannot

be beas corpus, upon demand or motion made to the Surrendered or forfeited, uwels by the commission court of king's bench or common pleas, who of some great and atrocious crime, and which shall thereupon, within three court.days

after the pught not to be abridged in any cale without the return is made examine and determine the lega{pecial permission of law; a doctrine coeval with lity of such commitment, and do what to justice the first rudiments of our constitution; and hand. Thall appertain, in delivering, bailing, or remanded down to us from the Anglo-Saxons, notwith. ing such prisoner. Yet ftili, in the case of Jeoks, standing all their fruggles with the Danes, and before alluded to, who, in 1676, was committed the violence of the Norman conqueft : asserted af. by the king in council for a turbulent (peech at terwards and confirmed by the conqueror himself Guild-ball, new shifts and devices were made and bis descendants: and though sometimes a lit- use of to prevent his enlargement by law; the tle impaired by the ferocity of the times, and the chief justice (as well as the chancellor) declining occasional despotism of jealous or usurping princes, to award a writ of babeas corpus ad fubjiciendum Fet established on the firmelt bális by the prović in vacation, though at laft he thought proper

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That officers and keepers, neglecting to make due fotten.

to award the usual writs ad deliberandum, &c, affifes shall be opened for the county in which he whereby the prisoner was discharged at the Old is detained,

mhall be removed by babeas corpus; till Bailey. Other abuses had also crept into daily after the assises are ended; but shall be left to the practice, which had in some measure defeated the justice of the judges of affife.' That'any such benefit of this great constitutional remedy. The prisoner may move for and obtain his habeas corparty imprisoning was at liberty to delay bis obe pus, as well out of the chancery or exchequer, as dience to the first writ, and might wait till a 2d out of the king's bench or common pleas; and and 3d, called an alias and a pluries, were issued, the lord chancellor or judges denying the fame, before he produced the party; and many other on fight of the warrant, or oath that the fanie is vexatious shifts were practised to detain state pri- ' refused, forfeit feyerally to the party grieved the soners in cuftody. But whoever will attentively sum of soot. 8. That the writ of babed's, corpus consider the English hiftory, may observe, that hall run into the counties palatine, cinque ports, the flagrant abuse of any power, by the crown or and other privileged places, and the inands of its ministers, has always been productive of a strug- · Jersey and Guernsey. 9. That no inhabitant of gle; which either discovers the exercise of that England (except persons contracting, or conviđs

power to be contrary to law, or (if legal) restrains praying to be transported; or having committed it for the future. This was the case in the pre fome capital offence in the place to which they are sent instance. The oppression of an obscure indi. sent) shall be sent prisoner to Scotland, Ireland, yidual gave birth to the famous habeas corpus act, Jersey, Guernsey, or any places beyond the seas, 31 Car. II. c. 2. which is frequently considered as within or without the king's dominions : on pain another MAGNA CHARTA of the kingdom; and by that the party committing, his advisers, aiders, consequence has also in subsequent times reduced and affifiants, shall forfeit to the party grieved a the method of proceeding on these writs (though 'sum itot tefs than soo litą be recovered with treble not within

the reach of that statute, but issuing costs, thall be difabled to bear any office of trust ' merely at the common law) to the true standard or profit; shall incur the penalties of præmunire; of law and liberty. (See ENGLAND, $ 57.), The 'and thall be incapable of the king's pardon. This statute itself enacts, 1. That the writ shall be re. is the substance of that great and important ftaturned and the prisoner brought up, within a li- tute: which extends only to the case of commitmited time according to the distance, not exceed. ments for such criminal charge, as can produce so ing in any cafe 20 days. 3. That such writs shall inconvenience to public justice by a temporary en. be endorsed,"as granted in pursuance of this act, largement of the prisoner; all other cases of unand figned by the person awarding them. 3. That juł imprisonment being left to the babeas corpus on complaint and request in writing, by or on be. at common law. But even upon writs at the half of any person committed and charged with common law, it is cow' expected by the court, any crime, (unless committed for treason or felony agreeable to ancient precedents and the spirit of exprefled in the warrant, or for "fufpicion of the - the act of parlianient, that the writ should be imfame, or as acceffary thereto before the fact, or mediately obeyed, without waiting for any alias convicted or charged in execution by legal process), of pluries; otherwise an attachment will issue. By the lord chancellor, or any of the 12 judges in va. which admirable regulations, judicial as well as cation, upon viewing a copy of the warrant, or parliamentary, the remedy is now complete for affidavit that a copy is denied, shall (unless the removing the injury of unjust and illegal confine. party has neglected for two terms to apply to any ment. A remedy the more necessary, because the court for his enlargement) award a habeas corpus oppreffion does not always arise from the ill-nature, for such prisoner, returnable immediately before. but sometimes from the mere inattention, of go. bimself or any other of the judges; and upon the vernment. For it 'frequently happens in foreign return made ihall discharge the party, if bailable, "conntries and has happened in England during upon giving security to appeat and answer to the the temporary suspensions of the statute), that accufation in the proper court of judicature. 4. persons apprehended upon fùfpicion have soffered

long returns, or not delivering to the prisonet' or his agent within fix hours after demand, a copy of the HABEEBA, 5h ifland near Algiers warrant of commitment, or shifting the custody (12) * HABERDASITER. N. J. This word is in. of a prisoner from one to another without lufti. geniously deduced by Minbilzu from babt ihr dass, cient reason or authority, (fpecified in the act,) German, bave you this the exprtion of a fhop* shall for the first offence forfeit lool. and for the keeper offering his 2d. 2001: to the party grieved, and he disabled to small wares; "a pedlar:- Because these cunning hold his office. 5. That no person orice delivered men are like haberdafpers of small wares, it is not by babeas corpus, shall be recommitted for the amiss to set forth their thop: Bacon. A baberdofber, fame offence, on penalty of sool, 6. That every who

who was the oracle of the coffeehouse, declared his person committed for treason or felony shall, if he opinion. Addion

.. requires it, the first week of the next term, or the (2.) HABERDASHER. See BERDASH. This word first day of the next session of over and terminer, is now used in a much more extenfive sense, 'be indicted in that term or feflionr, or else admit than that above defined by Dr Johnson, 1. Mi ted to bail; unlefs the king's, witnesses cannot be Creech, in his letters to Sir J: Sinclair, says it in. produced at that time: and if acquitted, or if not cludes many tradesthe merger, milliner, linen. indicted and tried in the ad term or session, he draper, hatter, hofier, glover, and many others." Ahall be discharged from his imprisonment for such (stat. Acc. VI. 593.) The mafter and wardens of imputed offence; but that no person, after the the company of haberdashers in London, calling

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