H A B

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HAB

II, was used for the seventh letter Eta, or long e. H subjoinedto Cf sometimes gives it the guttural sound, as in chaos, sometimesthe sound of s/t, as in Chut Lotte; bnt more frequently that of tsh,as in charity, chit chat , church , &c. and not seldom that of k, asin character, Achilles, &c. though the latter and all other Greekproper names ought rather to have the guttural sound, agreeablyto their original pronunc iation. H, subjoined top and t, also altersthe sound of these letters; giving the former the sound of f, as inphilosophy, &c. and the latter that of the Greek ©, as in theology,truth, tkc. and in some English words, as the, that, these, See. astill harder sound. As an abbreviation, Ii was used by the an-cients to denote homo, hares, kora, &c. Thus Ii. B. stood forkteres bonorum; and H. S. borruptly for EES. sesterce; andll A, for Hadnanus. As a numeral, II denotes 200 ; and with adash over it, 200 , 000 .

HAAG, or HAG, a town in Bavaria . Eon. 12. 23. £. Lat.48. 16. N.

IIAANO, one of the Ilapaee islands discovered by CaptainCook , in 1777, in the S. Pacific Ocean. Lon. 183. 43. E. Eat.19. 41. S.

HAARBURG, a town and fort of Lunenberg Zell, seated onthe Seeve, seven miles S. of Hamburg .

IIABAKKUK. ipipan, lleb. i. c. a wrestler,] one of the twelveleaser prophets, whose prophecies are taken into the canon of theOld Testament . There i< no precise time mentioned in Scripturewhen he lived; but from his predicting the destruction of Jerusa-lem by the Chaldeans, it is evident that he prophesied before Ze-dekiah, probably about the time of Manasseh. lie is reported tohave been the author of several prophecies which are noi extant:hut all that are indisputably his are contained in three chapters.In these he complains pathetically of the vices of the Jews ; fore-tels their punishment by the Chaldeans; the defeat of the vast de-signs of Jehoiakim; with the conquests of Nebuchadnezzar , hismetamorphosis, and death. The third chapter is a prayer to God ,whose majesty he describes with the utmost grandeur and subli-mit v of expression.

HABDALA, [lleb i. e. distinction, from Si3, to separate,] aceremony of the Jews observed on the sabbath evening. When allthe family is come home, they light a taper or lamp, with twowicks at least. The master of the family then takes a cup, withsome wine, mixed with fragrant spices, and having repeated aassage of scripture, (e g. Psal. cxvi. 13. or Esth. viy. 16,) helesses the wine and spices. Afterwards he blesses the light of thefire; and then casts his eyes on his hands and nails, as remember-ing that he is going to work; to signify, that the sabbath is over,and separated from the day of labour which follows. Alter theceremony is over, and the company breaks up, they wish one an-other, not a good night, but a good week.

HABEAS CORPUS, [Lat.] a writ, the which, a man indictedof some trespass, being laid in prison Mr the same, may have outof the king’s-bench, ttiereby to remove himself thither at his owncosts, and to answer the cause there. Habeas Corpus is the greatremedy in cases of false imprisonment. A general recourse is had,in behalf of persons aggrieved by illegal imprisonment, to thiswrit, the most celebrated in the English law. Of this there are■various kinds made use of by the courts at Westminster, for re-moving prisoners from one court into another for the more easy ad-ministration of justice. Such is the habeas corpus ad responden-dum, when a man hath a cause of action against one who is con-fined by the. process of some inferior court; in order to removethe prisoner, and charge him with this new action in the courtabove. Such is that ad satisfaciendum, when a prisoner hath hadjudgement against him in an action, and the plaintiff is desirous tofiring him up to some superior court to charge him with process ofexecution. Such'are also those ad prosequendum, testificandum,deliberandum, &c.; which issue when it is necessary to remove aprisoner, in order to prosecute or bear testimony in any court, orto be tried in the proper jurisdiction wherein the (act was com-mitted. Such is, lastly, the common writ ad faciendum et recipi-endum, which issues out of any of the courts of W estminster-hall,When a person issued in some inferior jurisdiction, ant. is desirousto remove the action into the superior court; commanding the in-ferior judges to produce the hotly ot the defendant, together withthe day and cause of his caption and detainer (whence the writ isfrequently denominated an habeas corpus cum causa,) to do andVox., ii,—no. 100.

receive whatsoever the king’s court shall consider in that behalf.’I bis is a writ grantable of common right, without any motion incourt: and it instantly supersedes all proceedings in the court be-low. But, to prevent the surreptitious discharge of prisoners, itis ordered bystat. 1 & 2 P. & NE c. 13, that no-habeas corpusshall issue to remove any prisoner out of any gaol, unless signedby some judge of the court out of which it is awarded. And, toavoid vexatious delays by removal of frivolous causes, it is enact-ed bv stat. 21 Jac. 1. c. 23, that, where the judge of an inferiorcourt of record is a barrister of three years standing, no cause shallbe removed from thence by habeas corpus or other writ, afler is-sue or demurrer deliberately joined: that no cause, if once re-manded to the inferior court by writ of procedendo or otherwise,shall ever afterwards be again removed: and that no cause shall beremoved at all, if the debt or damages laid in the declaration donot amount to the sum of five pounds. But an expedient havingbeen found out to elude the latter branch of the statute, by pro-curing a nominal plaintiff to bring another action for 5/. or up-wards (and then by the course of the court, the habeas corpus re-moved both actions together,) it is therefore enacted by stat. 12Geo. 1. c. 29,that Hie inferior court may proceed in such actionsas are under the value of j l. notwithstanding other actions niav bebrought against the same defender to a greater amount. But thegreat and efficacious writ, in all manner of illegal confinement, isthat of habeas corpus ad subjiciendum ; directed to the person de-taining another, and commanding him to produce the body of theprisoner, with the day and cause of his caption and detention, adfaciendum, subjiciendum, et recipiendum, to do, submit to, andreceive, whatsoever the judge or court awarding such writ shallconsider in that behalf- This is a high prerogative writ, andtherefore by the common law issuing out ot the court of king’s-heuch, not only in term-time, but also during the vacation, by a'fiat from the chief justice, or any other judge, and running into allparts of the king’s dominions: for the king is atalL times inlitled tohave an account why the liberty of any of bis subjects is restrained,wherever that restraint may be inflicted. If it issues in vacation,it is usually returnable before the judge himself who awarded it,and lie proceeds by himself thereon ; unless the term should inter-vene, and then it may be returned in court. The oppression ofan obscure individual gave birth to the famous habeas corpus act,31 Car. II. c. 2, which is frequently considered as another magnacharta of the kingdom ; and by consequence has also in subse-quent times reduced the method of proceeding on these writs(though not within the reach of that statute, but issuing mtrely atthe common law) to the true standard of law and liberty. Thestatute itself enacts, 1. That the writ shall be returned and the pri-soner brought up, within a limited time according to the distance,not exceeding in any case twenty days. 2. That such writs shallbe endorsed, as granted in pursuance of this act, and signed by theperson aw arding them. 3. That on a complaint and request inwriting, by or on behalf of any person committed and chargedwith any crime, (unless committed for treason or felony express-ed in the warrant, or for suspicion of the same, or as accessarythereto before the fact, or convicted or charged in execution bylegal process,) the lord chancellor, or any of the twelve judges invacation, upon viewing a copy of the warrant, or affidavit that acopy is denied, shall (unless the party has neglected for two termsto apply to any court for his enlargement) award a habeas corpusfor such prisoner, returnable immediately before himself or anyother of the judges; and upon the return made shall dischargethe parly, if bailable, upon giving security to appear and answer to ■the accusation in the proper court of judicature. 4. That officersand keepers, neglecting to make due returns, or not delivering tothe prisoner or his agent within six hours after demand, a copy ofthe warrant of commitment, or shifting the custody of a prisonerfrom one to another without sufficient reason or authority, (speci-cified in the act,) shall for the first offence forfeit 100/. and for thesecond 200/. to the party grieved, and he disabled to hold bisoffice. 5. That no person, once delivered by habeas corpus, shallbe re-committed for the same offence, on penalty of 500/. 6. Thatevery person committed for treason or felony shall, it he requireit the first week of the next term, or the first day of the next ses-sion of oyer and terminer, be indicted in that term or session, orelse admitted to bail; unless the king’s witnesses cannot be pro-duced at that time: and if acquitted, or if not indicted and tried8 E in