habeas corpusn.
/ˈheɪbiːas ˈkɔːpəs/ Law.
a. A writ issuing out of a court of justice, or awarded by a judge in vacation, requiring the body of a person to be brought before the judge or into the court for the purpose specified in the writ; spec. the prerogative writ habeas corpus ad subjiciendum, requiring the body of a person restrained of liberty to be brought before the judge or into court, that the lawfulness of the restraint may be investigated and determined.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > writ > royal writ > prerogative writ > specific habeas corpus
habeas corpus1465
habeas1879
1231 Bracton's Note Bk. (1887) 527 Preceptum est uicecomiti quod habeat corpus eius, etc.]
1465 M. Paston in Paston Lett. & Papers (2004) I. 300 Now ther ys com down an habeas corpus for hym.
1585 F. Alford in H. Ellis Orig. Lett. Eng. Hist. (1846) 3rd Ser. IV. 57 An Habeas Corpus since the begynninge of this Queenes time hath bin but 2s. 6d. in the Common Pleas, and 3s. 4d. in her Majesties Benche.
1642 Humb. Desire & Proposit. Lds. & Comm. 1 Feb. 8 Stopping their Habeas Corpusses.
1678 Lady Chaworth in 12th Rep. Royal Comm. Hist. MSS (1890) App. v. 46 Lord Shaftesberie's businesse touching the Habeas Corpus is heard today in the House.
1679 Act 31 Chas. II c. 2 §1 Whensoever any person..shall bring any Habeas Corpus directed unto any Sheriffe..Goaler Minister or other Person.
1768 W. Blackstone Comm. Laws Eng. (mod. ed.) III. 131 The great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ad subjiciendum.
1827 H. Hallam Constit. Hist. Eng. II. xiii. 349 Bushell..being committed for non-payment of this fine, sued his writ of habeas corpus from the court of common-pleas.
b. Habeas Corpus Act n. the name commonly given to the Act 31 Chas. II. c. 2 (1679), whereby the granting and enforcing of this prerogative writ was much facilitated.
ΘΚΠ
society > law > types of laws > [noun] > legal or administrative
Ragmanc1400
Statute of Sewers1571
Poynings' Act1613
Poynings' Law1622
Statute of Limitations1641
Act (or Bill) of Indemnity1647
new tables1664
Habeas Corpus Act1705
Judicature Act1782
continuance act1863
stay-law1880
ripper1885
reception statute1931
thirty-year rule1966
sunshine law1968
1705 C. Blount Suppl. to Opening Session in Coll. Poems 20, in Misc. Wks. Duke of Buckingham II The Habeas Corpus Act, oppos'd, say still The Subjects Rights, is but the Prince's will.
1768 W. Blackstone Comm. Laws Eng. (mod. ed.) III. 135 The oppression of an obscure individual gave birth to the famous habeas corpus act.
1777 E. Burke Let. to Sheriffs Bristol 4 The other [statute] (for a partial suspension of the Habeas Corpus) appears to me of a much deeper malignity.
1857 H. T. Buckle Hist. Civilisation Eng. I. vii. 352 By the Habeas Corpus Act, the liberty of every Englishman was made as certain as law could make it.
c. figurative.
ΚΠ
1589 Pappe with Hatchet (1844) 38 And with an Habeas corpus to remove them from the Shepheards tarre-boxe to the hangmans budget.
1661 T. Gouge Christian Direct. xvii. 61 There is not a habeas corpus comes to remove thy yoke-fellow, child, or friend, but it is signed by thy heavenly Father.
1775 R. B. Sheridan Rivals iii. ii Here are a great many poor words pressed into the service of this note, that would get their habeas corpus from any court in Christendom.
Derivatives
habeas corpus v. (transitive) to remove or transport as if by a writ of habeas corpus.Apparently an isolated use.
ΚΠ
1817 J. Keats Wks. (1889) III. 3 Habeas corpus'd as we are out of all wonder, curiosity, and fear.
This entry has not yet been fully updated (first published 1898; most recently modified version published online June 2020).
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