H A B 
HAB 
HAB 
weather, they have been observed to diffuse 
a strong or disagreeable smell to a consider- 
able distance. Like other water-beetles they 
tiy only by night. They deposit their eggs, 
which are very small, white, and of a some- 
what cylindric form, on the stems of water- 
plants ; they hatch in the space of about eight 
H the eighth letter in our alphabet; 
y used as a numeral, denotes 200 ; and 
with a dash over it, II, 200,000. 
As an abbreviation, II was used by the an- 
tients to denote homo, lucres, kora, & c. 
Thus H. B. stood for bares bonorum ; and 
II. S. corruptly for L. L. S. a sesterce; and 
II. A. for liadrianus. 
IIABDALA, a ceremony of the Jews, ob- 
served on the sabbath in the evening ; in- 
tended to signify that the sabbath is over, and 
is- from that moment divided from the day o. 
labour which follows. For this reason the 
ceremony is cailed habdala, which signifies 
distinction. 
HABEAS CORPUS. This writ formed 
part of the antient common law, but was 
much more restrained in its operation and 
effects; for the judges arrogated to them- 
selves the power of granting or denying it: 
and the gaolers did not pay a proper atten- 
tion to it, often putting the sufferer to the 
expence of an alias and pluries habeas c r- 
pus before they obeyed. These inconve- 
niences produced the famous statute 31 Car. 
II. c. 2. 
This great bulwark of English liberty, 
which may fairly be put upon a level with 
the celebrated Magna Chart a, was occasioned 
by the unjust oppression of an insignificant 
individual in the reign of Charles the Second. 
The statute enacts, 
1st. That the lord chancellor, or any of 
the judges in vacation, on complaint or written 
request of any person committed for any 
crime (except felony, or treason, or as ac- 
cessary, or suspected of being accessary be- 
fore the fact, to any petty treason, or felony, 
or charged in execution by legal process), 
upon seeing a copy of the warrant, or affida- 
vit that copy is denied, shall award a habeas 
corpus for such prisoner, returnable imme- 
diately before himself, or any other of the 
judges (unless the party has suffered two 
terms to elapse before applying to the court 
for his liberation), and shall discharge the 
party, if bailable, on his giving proper secu- 
rity to appear. 
2dly. That the writ shall be indorsed, a- 
granted in pursuance of this act, and signed 
by the person awarding it. 
3dly. That the writ shall be returned, and 
the prisoner brought up in a limited time, 
according to the distance, never exceeding 
20 days. 
4thly. That officers and keepers not mak- 
ing due returns, or not delivering to the party 
©r his agent, within six hours alter demand, a 
days, and immediately begin to swim about 
with much briskness in quest of prey. There 
are only 2 species. 
GYRFALCON. SeeFALCO. 
GYPSIES. See Egyptians. 
GYPSOPHILA, a genus of the digynia 
H. 
copy of the warrant of commitment, or shift- 
ing the custody of a prisoner without proper 
authority (as mentioned in the act), shall for- 
feit 100/. for the first offence, and 200<. for 
the second, to the sufferer, and be disabled 
from holding such office. 
5thly. That any one detaining a person 
once delivered !>} habeas corpus for the same 
offence, shall forfeit 500/. 
6thly. That every person committed for 
treason or felony shall, if he desires it, the 
lirst week of the next term, or the first day 
of the next session of oyer and terminer, be 
indicted in that term or session, or else ad- 
mitted to bail, unless the witnesses for the 
crown cannot be produced at that time ; and 
if acquitted, or not indicted, and tried in the 
second term or session, shall be discharged; 
but no person after the commencement of 
assizes for the county where he is detained, 
shall be removed by habeas corpus till they 
are ended. 
7tlily. That a prisoner can obtain his ha- 
beas corpus out of the chancery and exche- 
quer, as well as out of the king’s bench and 
common pleas ; and if the chancellor and 
judges shall refuse the same on sight of the 
warrant or oath that it is denied, shall forfeit 
severally 500'. to the party grieved. 
8thly. That this writ of habeas corpus shall 
run into the counties palatine, and all other 
privileged places, and the islands of Guern- 
sey and Jersey. 
ythly. That no inhabitants of England (un- 
less at their desire, or having committed 
some capital offence in the place to which 
they are sent), shall be sent prisoners to Ire- 
land, Scotland, Guernsey, and Jersey, or any 
places beyond the seas, within or without his 
majesty’s dominions, on pain that the person 
committing, and his advisers and abettors, 
shall forfeit to the injured party a sum not 
less than 500/. to be recovered with treble 
costs, shall be disabled from holding any of- 
fice, shall incur the penalties of praemunire, 
and be incapable of the king’s pardon. 
The writs in use under this act are va- 
rious. Many kinds are used for removing 
prisoners from one court to another. Such 
ire the habeas corpus acl respondendum, 
when a man has cause of action against one 
who is confined by process of an inferior 
court, in order to remove the prisoner, and 
iiarge lnm with this new action in the court 
above. Ad satisfaciendum is when judg- 
ment has, in an action, been given against a 
prisoner; and the plaintiff brings him up to 
a superior court to charge him with process 
of execution. Also the writs ad prosequen- 
8p3 
order, in the decandria class of plants, and in 
the natural method ranking under the22 d 
order, caryophillei. The calyx is monophyl- 
lous, campanulated, and angulated ; the pe- 
tals a i ■ five in number, ovate, and sessile ; 
the capsule globose and unilocular. There 
are 12 species, herbs of Europe. 
dum. testificandum, deliberandum , which issue 
when it is necessary to remove a prisoner, in 
order to prosecute, or bear testimony, or to 
be tried in the proper jurisdiction wherein 
the fact was committed. And, lastly, the 
common writ ad jacitndum et recipiendum, 
which issues out of any of the courts above, 
when a person is sued in some inferior juris- 
diction, and desires to remove the action into 
the superior court, commanding the inferior 
judges to produce the body of the defendant, 
with the day and cause of his detainer, to 
do and receive what the king’s court shall de- 
termine. This writ is grantable of common, 
right, without moving the court, and super- 
sedes all inferior proceedings. But to pre- 
vent the surreptitious discharge of prisoners, 
the statute 1 and 2 P. &M. c. 13, enacts, that 
no habeas corpus shall issue to remove any 
prisoner out of gaol, unless signed by some 
judge of the court out of which it is awarded. 
And by a statute of the present reign it is en- 
acted, that no cause under the value of 10/. 
shall be removed into a superior court, un- 
less the defendant, on removing the same, 
gives security for payment of debt and 
costs. 
But the writ which forms so great a part of 
the liberty of the subject in all manner of il- 
legal confinement, is the habeas corpus ad 
subjiciendum, commanding the person de- 
taining a prisoner to produce him, with the 
day and cause ot his detention, to submit to 
whatever the judge or court awarding such, 
writ shall determine. T hisisahigh prerogative 
writ, and therefore, by the common law, is- 
suing out of the court of king’s bench, not 
only in term time, but vacation, by a fiat 
from any of the judges, and running into all 
the king’s dominions. And a man has now 
the benefit of the common law writ, either 
in the king’s bench or common pleas, as he 
chooses ; and in both those courts it is ne- 
cessary to apply for it by motion, as it does 
not issue of course, without shewing some 
reason for the granting it. But if good 
grounds be shewn that the par y is imprison- 
ed without just cause, it becomes a writ of 
common right, and must not be denied, 
even though a man is detained by the highest 
authority. 
This celebrated act lias been subject to 
temporary suspensions, by authority of par- 
liament, in times ol riot or rebellion ; and the 
late minister subjected himself to consider- 
able unpopularity by that measure during the 
last war. 
HABENDUM, in a deed, is to detenr.’ne 
what estate or interest is granted by thecLed^, 
