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II A C

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in the second term or session, lie shall be discharged irom his im-prisonment for such imputed offence: but that no person, after theassizes shall be opened for the county in which he is detained, shallbe removed by habeas corpus, till after the assize's are ended ; butshall be leit to the justice of the judges of assi 2 e. 7. That anysuch prisoner may move for and obtain his habeas corpus, as wellout of the chancery or exchequer, as out of the king’s-bench orcommon-pleas; and the lord-chancellor or judges denying thename, on sight of the warrant, or oath, that the same is refused,forfeit severally to the party grieved the sum of 500 l, 8. That thewrit of habeas corpus shall run into the countiCs-palatine, cinque-ports, and other privileged places, and the islands of Jersey and■Guernsey. 9. That no inhabitant of England (except personscontracting, or convicts praying to be transported; or having-committed some capital offence in the place to which they aresent) shall be sent prisoner to Scotland, Ireland , Jersey, Guernsey,or any places beyond the seas, within or without the king’s domi-nions: on pain that the party committing, his advisers, aiders, andassistants, shall forfeit to the parly grieved a sum not less than500/. to be recovered with treble costs; shall be disabled to bearany office of trust or profit; shall incur the penalties of praemunire;ami shall be incapable of the king’s pardon. This is the substanceof that great and important statute: which extends only to thecase of commitments for such criminal charge, as can produce noinconvenience to public justice by a temporary enlargement ofthe prisoner; all other cases of unjust imprisonment being left tothe habeas corpus at common law. But even upon writs at thecommon law, it is now expected by the court, agreeably to an-cient precedents and the spirit of the act of parliament, that thewrit should be immediately obeyed, without waiting for any aliasor pluries; otherwise an attachment will issue. By which admira-ble regulations, judicial as well as parliamentary, the remedy isnow complete for removing the injury of unjust and illegal con-finement. A remedy the more necessary', because the oppressiondoes not always arise from the ill nature, but sometimes from themere inattention, of government. For it frequently happens inforeign countries (and has Happened in England during the tem-porary suspensions of the statute,) that persons apprehended uponsuspic.on have suffered a long imprisonment, merely because theywere forgotten.

IIABERDASIIE'R, in commerce, a seller of hats, or of smallwares. The ma ter and wardens of the company ot haberdashersin London , calling to tlieir assistance one of the company of cap-pers, and another of the hat-makers, and mayors, &c. of towns, j|may search the wares of ad hatters that work hats with foreign i,wool, and have not been apprentices to the trade, or who dve j,them with any thing but copperas and gall-, or woad and madder; 1in which case they are liable to penalties, by stat. 8 Eliz. c. 7, and5 Geo. II. c. 22.

HABERE FACIAS SASINAM, a writ judicial, which lieswhere a man has recovered lands, commanding the sheriff to givepossession of tli.-m-

HABERGEON-, or HABERGETUM, [from haut, Fr. high,and berg, armour,([was a coat of mail; an ancient piece of defen-sive aimour, inform of a coat, descending from the neck to themiddle, and formed of little iron rings or mashes, linked into eachother.

HABILIMENTS OF WAR, in our ancient statutes, signifyarmour, harness, utensils, or other provisions, for war, withoutwhich there is supposed no ability to maintain war.

HABIXGTON, William, an English poet and hi-torian, wasthe son of Thomas Ilabington, Esq. He was horn in 1605, atHendlipin Worcestershire; and educated at St. Omersand Paris.He died in 1654, and left several MSS. in the hands of his son.His printed works are, 1. Poems under the title of Castura. 2.The Queen of Arragon, a Trngi-coinedv. 3. Observations uponHistory. 4. The Hi tory of Edward IV. King of England, writ-ten in a verv florid style, and published at the desire of Charles 1 . I

JIABJT, [li'tbift/.i, Lat.] in philosophy, an aptitude or dispositioneither of mind or body, acquired by a frequent repetition ot thesame act. Custom and habit have such inlluence upon many ofour feelings, by warping and vary ing them, that their operationsdemand the attention of all who would he acquainted with human ;nature. Th * snbiect, however, is intricate. Some pleasures are |fortified by custom: and yet custom begets familiarity, and conse-1

I quently indifference. In many instances, satiety and di-gust are! the. consequences .of reiteration: again, though custom blunts th*i edge of distress and of pain, yet the want of any thing to w hich we! have been iong accustomed is a sort of torture. Whatever be t.ie. cause, it is certain we are much influenced hy custom: it has anj effect upon our pleasures, upon our actions, and even upon ourthoughts and sentiments. Habit makes no figure during the viva-city of youth: in middle age it gains ground; and in old age go-verns without control. In that period of life, generally speaking*we eat at a certain hour, take exercise at a certain hour, go to restj at a certain hour, all by the direction of habit: nay, a particularseat, table, bed, conies to bo essential; and a habit in any ot thesecannot be controlled without uneasiness. Any slight or moderatepleasure, frequently reiterated for a long time, forms a peculiar! connection betw een us and the thing that causes the pleasure. , 1 v 1 *j connection termed habit , lias the effect to aw'aken our desire for; that thing when it does not return as usual. During the course otj enjoyment, thehabit be established

pleasure rises insensibly higher and higher till aicd; at which time the pleasure is at its neiglif- ttcontinues not, however, stationary; the same customary leiterartion wliicli carried it to its height, brings it down again by Insensi-ble degrees. Those tilings which at livst are but moderatelyagreeable, arc the aplest to become habitual. Spirituous liquors,at first scarce agreeable, readily produce an habitual appetite: andcustom prevails so tar, as even to make us fond ot tilings originallydisagreeable, such as coffee, assafatida, tobacco, opium, &c. A■ walk upon the quarter-deck, though intolerably conhned, bc-I comes, however, so agreeable by custom, that a sailor m his walk! on shore coniines himself commonly within the same bounds*

| Improper habits are easily acquired, but are not easily given up ihence it is necessary for a man who would conduct himself withpropriety, to guard against the appearances of wrong habits; an 1 *if they have already taken place, to exert all his powers in orderto eradicate them. Lord Kanns in his Elements ot Criticism ha*treated this subject at considerable length. And Dr. Cullen inhis Lectures on the Materia Medica, (first edition) shews th fieffects ot (-{istoui and habit on the animal ceconomv.

Habit, in medicine, denotes the settled constitution of thebody, or the habitude of any thing else, as the structure or com-position of a body, or the parts tin reof.

Habit is also used for a dress or garb, or the composition ofgarments, wherewith a person is covered ; in which sense we say,the hab.t ot an ecclesiastic, of a religious, &c. a military habit,&c. 1 lie principal part of the dress worn by the Jews and Greeks

was by the i^cdiov and the yjluii. The i^Vhov was an upper gar-ment, consisting of s loose square piece of elolli w rapped roundthe body; the x 1 ™ was an under-garment or tunic, which wasfastened round the body and embraced it closely, hilling down tothe middle of the thigh. A person divested of the upper garment,in the eastern language, was styled naked, and in tins sense Daviddanced naked before the ark. The several sorts of garments inuse with both sexes, amongst the Romans, were the toga, tunica,peluna, lacerna, chlamys, palud.immtuin, lama, stola, pallium, otpalia. See Toga, &c. See also Priests .

HABl'l E AND REFUTE, in Scots law, the common opinionof the people, among w hom a person lives, with respect to anycircums'ance relating to him.

HAISI'I UDE, among schoolmen, the respect or relation onetiling bears to another. ‘Some consider habitude as a genus, andsubdivide it into two species; where it is considered as quiescent,they call it respect; where as moved, relation: to which som**add a third species, considered in respect of figure, which theycall mode. See Relation, &c.

Habitude is also used by philosophers for what we commonlycall habit, or a certain disposition or habitude for the perlormmgor suffering of certain things, acquired by repeated acts olthe samekiiu).

II AC 11 A, a sea-port town of Terra Einna, sealed at the mout iof the tlacha. Here the Spanish galleons touch at their arrival mS. America, and send expresses to all the settlements to give themnotice. Lon. 72. 8. \V. Lat 11.28. N. „

I1AC KNEY-COACH ES, coaches exposed to Lire in ’ ■

1 . .i i.v :iutho-

st reets of London , ami other great cities, at rates fixed b>‘ u jnty. These first began to ply in London , in

were only twenty in number; but in 1633 tlu-y were

1625, "hen the)

so mm'1 1 m.