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Habeas corpus   /hˈæbiəs kˈɔrpəs/   Listen
Habeas corpus

noun
1.
A writ ordering a prisoner to be brought before a judge.  Synonym: writ of habeas corpus.
2.
The civil right to obtain a writ of habeas corpus as protection against illegal imprisonment.






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"Habeas corpus" Quotes from Famous Books



... leave it, and he harangued the crowd, dwelling on the sacred rights of the domestic hearth, the habeas corpus and the English "home." He told them that the law and the people were sovereigns, that the law was the people, and that the people could only act through the law, and that power was vested in the law. The particular law of personal necessity ...
— An Historical Mystery • Honore de Balzac

... have extended to them the incalculable advantage of sending representatives to Westminster. The Monkey has no such remedies. He may be incarcerated, nay chained, yet he cannot sue out a writ for habeas corpus any more than can a British subject in time of war, and worst of all, through the connivance or impotence of the police, cases have been brought forward and approved in which Monkeys have been openly bought ...
— On Something • H. Belloc

... being able to carry them through the House of Commons. If he can't, he goes of course; and what next? The measures are sufficiently strong, it must be owned—a consomme of insurrection-gagging Acts, suspension of Habeas Corpus, martial law, and one or two other little ...
— The Greville Memoirs - A Journal of the Reigns of King George IV and King William IV, Vol. II • Charles C. F. Greville

... doubtless to the effect, upon the Government of the day, of the dread of Revolution in England. There were a few partisans of France and of the Revolution in England; and the panic which followed, though irrational, was widespread. The Habeas Corpus Act was suspended, a Bill was passed against seditious Assemblies, the Press was prosecuted, some Scottish Whigs who clamoured for reform were sentenced to transportation, while one Judge expressed regret that the practice of ...
— The Poetical Works of William Wordsworth, Vol. III • William Wordsworth

... associates. But the statute for the regulation of printing which was passed immediately after the Restoration expired finally in 1679 and the temper of the present Parliament at once put an end to any attempt at re-establishing the censorship. To the new freedom of the press the Habeas Corpus Act added new security for the personal freedom of every Englishman. Against arbitrary imprisonment provision had been made in the earliest ages by a famous clause in the Great Charter. No free man could be held in prison save on charge or conviction of crime or for debt; and every prisoner ...
— History of the English People, Volume VI (of 8) - Puritan England, 1642-1660; The Revolution, 1660-1683 • John Richard Green

... writ of habeas corpus and a stay of proceedings from some federal judge on the ground that his client is confined without ...
— Courts and Criminals • Arthur Train

... artificial equality as equally pernicious with a factitious aristocracy; both depressing the energies, and checking the enterprise of a nation. I like man to be free, really free: free in his industry as well as his body. What is the use of Habeas Corpus, if a man may not use his hands when he is out ...
— Coningsby • Benjamin Disraeli

... middle Tennessee had been loyal from the opening of the contest in 1860 and 1860. Yet in 1866 General Thomas advised the committee that it would "not be safe to remove the national troops from Tennessee, or to withdraw martial law; or to restore the writ of habeas corpus to its full extent." At that time the peace of eastern Tennessee was disturbed by family feuds and personal quarrels, the outcome of political differences. In west Tennessee and in portions of middle Tennessee there was a deep seated hostility to Union men, and especially ...
— Reminiscences of Sixty Years in Public Affairs, Vol. 2 • George S. Boutwell

... his friends applied for a writ of habeas corpus; but, owing to the opposition of Craig, this was refused. In July two of Bedard's companions were released, on the ground of ill health. They both, however, expressed regret at the tone which Le Canadien had adopted. In August the printer was discharged. ...
— The 'Patriotes' of '37 - A Chronicle of the Lower Canada Rebellion • Alfred D. Decelles

... that our anchor is dragging in his mud, and the man who violates the proprieties, like our brave Portland brothers, when they jumped on board the first steamer they could reach, cut her cable, and bore down on the corsair, with a habeas corpus act that lodged twenty buccaneers in Fort ...
— Pages From an Old Volume of Life - A Collection Of Essays • Oliver Wendell Holmes, Sr.

... "You must think I'm a writ of habeas corpus. I want to know who was the gent that most likely tipped off your ...
— Torchy • Sewell Ford

... interesting to observe that, whenever there was a violent and abnormal outbreak of crime, the Irish Parliament did not hesitate to pass special laws to meet the case. Such measures as the Whiteboy Act of 1787, or the Insurrection Act and the Habeas Corpus Suppression Act of 1796, which were readily passed whilst the Irish Parliament was completely independent, are frequently referred to by modern agitators as amongst the brutal Coercion Acts which the tyranny of England has forced on an ...
— Is Ulster Right? • Anonymous

... Lords Commissioners for Trade and Plantations. The royal governors found in this board ready sympathizers, and were not slow to report their grievances, and to insist upon more stringent regulations for enforcing obedience. Some of the retaliative measures employed were the suspension of the writ of habeas corpus, the abridgment of the freedom of the press and the prohibition of elections. But the colonists generally succeeded in having their own way in the end, and were not wholly without encouragement and sympathy in the English Parliament. It may be that the ...
— Burke's Speech on Conciliation with America • Edmund Burke

... spite of his considerable lack of scruples he had won his way to a picturesque popularity and fame. But the crowd would have little of him this day, and an almost continuous uproar drowned out his efforts. The usual catch phrases, such as "liberty." "Constitution," "habeas corpus," "trial by jury," and "freedom," occasionally became audible, but the people were not interested. "See Cora's defender!" cried someone, voicing the general suspicion that Baker had been one of ...
— The Forty-Niners - A Chronicle of the California Trail and El Dorado • Stewart Edward White

... of August the 'Bellerophon' was ordered to be ready at a moment's notice for sea. The reason of this was traced to a circumstance which is conspicuous among the many remarkable incidents by which Bonaparte's arrival near the English coast was characterised. A rumour reached Lord Keith that a 'habeas corpus' had been procured with a view of delivering Napoleon from the custody he was then in. This, however, turned out to be a subpoena for Bonaparte as a witness at a trial in the Court of King's Bench; and, indeed, a person attempted to get on board ...
— Memoirs of Napoleon Bonaparte, Complete • Louis Antoine Fauvelet de Bourrienne

... constitution, pandect[obs3], charter, enactment, statute, rule; canon &c. (precept) 697; ordinance, institution, regulation; bylaw, byelaw; decree &c. (order) 741; ordonnance[obs3]; standing order; plebiscite &c. (choice) 609. legal process; form, formula, formality; rite, arm of the law; habeas corpus; fieri facias[Lat]. [Science of law] jurisprudence, nomology[obs3]; legislation, codification. equity, common law; lex[Lat], lex nonscripta[Lat][obs3]; law of nations, droit des gens[Fr], international ...
— Roget's Thesaurus

... true that the passing of the Habeas Corpus Suspension Act offered another opportunity to the Government for striking a severe blow, but it was frittered away, although, before it became law, many of the leaders of disorder left the country, ...
— The Reminiscences of an Irish Land Agent • S.M. Hussey

... distress among the population, caused by an infamous and needless war? Despotism, Mr. Linwood; despotism in this free country is the remedy! In one week more, sir, Ministers will bring in a Bill for suspending the Habeas Corpus Act!" ...
— Little Novels • Wilkie Collins

... Shaftesbury, he pointed out to me in the hall the portrait of his distinguished ancestor, Antony Ashley Cooper, Earl of Shaftesbury, whose name he bears. This ancestor, notwithstanding his sceptical philosophy, did some good things, as he was the author of the habeas corpus act. ...
— Sunny Memories of Foreign Lands V2 • Harriet Beecher Stowe

... brows that did not much invite The accused to think their lordships would determine His cause by leaning much from might to right: Bishops, who had not left a single sermon; Attorneys-general, awful to the sight, As hinting more (unless our judgments warp us) Of the "Star Chamber" than of "Habeas Corpus." ...
— The Works of Lord Byron, Volume 6 • Lord Byron

... have been despotic because they ruled in an area where they had too much common sense to attempt to be constitutional. You cannot grant a constitution to a nursery; nor can babies assemble like barons and extort a Great Charter. Tommy cannot plead a Habeas Corpus against going to bed; and an infant cannot be tried by twelve other infants before he is put in the corner. And as there can be no laws or liberties in a nursery, the extension of feminism means that there shall be no more ...
— What I Saw in America • G. K. Chesterton

... handkerchiefs when he appeared on the poop or at the open gangway. Maitland was warned that a rescue would be attempted on the night of the 3rd-4th; and certainly the Frenchmen were very restless at that time. They believed that if Napoleon could only set foot on shore he must gain the rights of Habeas Corpus.[539] And there seemed some chance of his gaining them. Very early on August 4th a man came down from London bringing a subpoena from the Court of King's Bench to compel Lord Keith and Captain Maitland to produce the person of Napoleon Bonaparte for attendance in London ...
— The Life of Napoleon I (Volumes, 1 and 2) • John Holland Rose

... an armory from which democracy would think of drawing special weapons. Our fathers, as it were, codified English ideas and practices, because they knew them well, and knew them to be good. The two legislative chambers, the privilege of the writ of habeas corpus, the good-behavior tenure of judges, and generally the modes of procedure, were taken from England; and they are not of democratic origin, while they are due to the action of aristocrats. The English Habeas-Corpus Act has been well described as "the most stringent curb that ...
— Atlantic Monthly, Volume 14, No. 84, October, 1864 - A Magazine Of Literature, Art, And Politics • Various

... others to the Ray County jail on a charge of murder; and twenty-three others were ordered to give bail on a charge of arson, burglary, robbery, and larceny, and all but eight of these were locked up in default of bail. The prisoners confined at Liberty secured a writ of habeas corpus soon after, but only Rigdon was ordered released, and he thought it best for his safety to go back to the jail. He afterward, with the connivance of the sheriff and jailer, made his escape at night, and reached ...
— The Story of the Mormons: • William Alexander Linn

... 9. Eight clauses now follow, enumerating the powers denied to Congress. What prohibition was made concerning the slave trade? Writ of habeas corpus? Bill of attainder? Ex-post-facto law? Direct tax? Exports from any state? Trade between the United States? Payments from the Treasury? Titles of nobility? United States office-holder receiving presents from a foreign power? (Notes.—The object of the first clause was to destroy the ...
— A Brief History of the United States • Barnes & Co.

... of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may ...
— A Compilation of the Messages and Papers of the Presidents - Section 1 (of 4) of Volume 1: George Washington • James D. Richardson

... for the time being combining in himself the several functions of guide-book, chattel-mortgage and writ of habeas corpus on the person of the most popular literary idol of the hour and all for the matter of maybe no more than half ...
— A Jongleur Strayed - Verses on Love and Other Matters Sacred and Profane • Richard Le Gallienne

... opinion, and it is mine, that he had not been guilty of theft, but perhaps of the wrongous detention or imprisonment of Rangoon. 'But,' he said, 'the Habeas Corpus Act has no clause about cats, and in Scottish law, which is good enough for me, there is no property in cats. You can't, legally, ...
— The Disentanglers • Andrew Lang

... new constitution, when he first saw it, was the omission in it of a bill of rights providing for the 'eternal and unremitting force of the habeas corpus act'—and for the freedom of the press. When Colonel Burr was arrested, Jefferson, who, by the way, showed a want of dignity and self-respect throughout the affair, was eager to suspend the habeas corpus act, and got a bill to that effect passed by one branch of Congress; it was lost in the other. ...
— Continental Monthly, Vol. 5, Issue 2, February, 1864 • Various

... of Ireland was very grave at this time, and as apprehensions were felt in regard to the Fenians, a bill suspending the Habeas Corpus Act in Ireland was passed. Mr. Gladstone, in explaining the necessity for the measure, said that the government were ready at any time to consider any measure for the benefit of Ireland, but it was the single duty of the House at the moment to ...
— The Grand Old Man • Richard B. Cook

... an outrage!" roared the prisoner. "Locking me up with these felons—these common convicts! I demand counsel; I'm going to have a writ of habeas corpus! When I get out of here I'm going to go to the governor of your damned State and complain of this. All Connecticut shall know of it! All America shall hear of it! To be locked up with one safe-blower is enough, and now you've stuck three murderers into this rotten hole. I tell you ...
— The Madness of May • Meredith Nicholson

... of District Court imprisoning and fining me for alleged contempt of court; also Order expelling Messrs. Goodwin and Mulford and myself from the Bar; and Order imprisoning and fining Judge Haun for releasing me from imprisonment upon a writ of habeas corpus, and directing that the order to ...
— Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State • Stephen Field; George C. Gorham

... drew together. Johnson said: "General Wool, General Sherman is very particular, and wants to know exactly what you propose to do." Wool answered: "I understand, Governor, that in the first place a writ of Habeas corpus will be issued commanding the jailers of the Vigilance Committee to produce the body of some one of the prisoners held by them (which, of course, will be refused); that you then issue your proclamation commanding them to disperse, ...
— The Memoirs of General W. T. Sherman, Complete • William T. Sherman

... when she had finished, "the boy has it in him, after all! They can't hold him a day—can they, Lige?" (No answer from the Captain, who is eating his breakfast in silence.) "All that we have to do is to go for Worington and get a habeas corpus from the United States District Court. Come on, Lige." The Captain got up ...
— The Crossing • Winston Churchill

... policeman seemed to think that by that time, unless the Grinder were below the sod, his presence above it would certainly be proved. On this occasion the Heytesbury attorney made a very loud demand for Sam's liberation, talking of habeas corpus, and the injustice of carceration without evidence of guilt. But the magistrates would not let him go. "When I'm told that the young man was seen hiding in a ditch close to the murdered man's house, only a few days before the murder, is that no evidence ...
— The Vicar of Bullhampton • Anthony Trollope

... imaginary loyalty come within the predicament of high treason,' replied the magistrate, 'I know no court in Christendom, my dear Mr. Morton, where they can sue out their Habeas Corpus.' ...
— Waverley, Or 'Tis Sixty Years Hence, Complete • Sir Walter Scott

... Hamden, Sidney, and Wilks, were echoed from all quarters of our prison. The liberty of the citizen, and false imprisonment were discanted on in a loud and moving manner. Some talked of a writ of habeas corpus, but others knew not what it meant; but all agreed that it was unconstitutional to confine a man in prison without trial. One man had the imprudence to say that they would have French fashions among them, of imprisoning and hanging a man, and trying him afterwards. This roused ...
— A Journal of a Young Man of Massachusetts, 2nd ed. • Benjamin Waterhouse

... of immediate and fair trial in Ireland. Arbitrary government in this form was one of the first objects of attack by the English Parliament in the seventeenth century, and this first liberty of the subject was vindicated by the Petition of Right, and again by the Habeas Corpus Act. It is significant of much that this first step in liberty should be in reality nothing more nor less than a demand for law. "Freedom of men under government," says Locke, summing up one whole chapter of seventeenth-century ...
— Liberalism • L. T. Hobhouse

... the writ of habeas corpus can only be suspended by the legislature, in these labor disturbances the executive has in fact suspended or disregarded the writ. . . . In cases arising from labor agitations, the judiciary has uniformly upheld the power exercised ...
— Proposed Roads To Freedom • Bertrand Russell

... proper remedy is by a writ of Habeas Corpus? and, if so, whether it is necessary that the father should be joined in the proceedings or his leave obtained to ...
— Ginx's Baby • Edward Jenkins

... handmaid; the diffusion of information and arraignment of all abuses at the bar of the public reason; freedom of religion; freedom of the press, and freedom of person under the protection of the habeas corpus, and trial by juries impartially selected. These principles form the bright constellation which has gone before us and guided our steps through an age of revolution and reformation. The wisdom of our sages and blood ...
— A Compilation of the Messages and Papers of the Presidents - Section 3 (of 4) of Volume 1: Thomas Jefferson • Edited by James D. Richardson

... about five years ago, in a French vessel called the Pearl. She had lost her reckoning, and was driven by stress of weather into the port of St. Ives, in Cornwall. Louis and his four companions were brought to London upon a writ of Habeas Corpus at the instance of Mr. George Stephen; and, after some trifling opposition on the part of the master of the vessel, were discharged by Lord Wynford. Two of his unfortunate fellow-sufferers died of the measles at Hampstead; the other ...
— The History of Mary Prince - A West Indian Slave • Mary Prince

... of special pleading. He sent word to me, when I was Chairman of the Judiciary Committee in the Massachusetts Senate, asking to have a provision enacted for simplifying the process of bringing before the full Bench for revision the proceedings in habeas corpus, or mandamus, or certiorari, or some other special writ, I forget now what. I called upon him at once, and pointed out to him that exactly what he wanted was accomplished by the Practice Act of 1852. This was the statute under which all our ...
— Autobiography of Seventy Years, Vol. 1-2 • George Hoar

... the outrages upon the colored population in certain States were so general and cruel that Congress passed what became known as the "Ku-Klux Act," which was followed by a presidential proclamation exhorting to obedience of the law. On October 17, the outrages continuing, suspension of the writ of habeas corpus was proclaimed in certain counties of South Carolina, and many offenders were convicted in the United States courts. This severe proceeding had a deterring influence throughout the South, which understood quite well that General ...
— Ulysses S. Grant • Walter Allen

... significant only as an index of the popular feeling. The essential fact is that there might be Seventeen or Seventy Thousand thus imprisoned without publicity, known accusation or trial, save at the convenience of those ordering their arrest; and with no recognized right of the arrested to Habeas Corpus or any kindred process. Many of the best Romans of the age are in exile for Liberty's sake. I was reliably informed at Turin that there are at this time Three Hundred Thousand Political Refugees in the Kingdom ...
— Glances at Europe - In a Series of Letters from Great Britain, France, Italy, - Switzerland, &c. During the Summer of 1851. • Horace Greeley

... of the territory, to be forever unalterable, save by the consent of both parties. The first guaranteed complete freedom of worship and religious belief to all peaceable and orderly persons. The second provided for trial by jury, the writ of habeas corpus, the privileges of the common law, and the right of proportional legislative representation. The third enjoined that faith should be kept with the Indians, and provided that "schools and the means of education" should forever be encouraged, inasmuch as "religion, morality, and ...
— The Winning of the West, Volume Three - The Founding of the Trans-Alleghany Commonwealths, 1784-1790 • Theodore Roosevelt



Words linked to "Habeas corpus" :   jurisprudence, law, writ of habeas corpus, writ, civil right, judicial writ



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