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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.






WordNet 3.0 © 2010 Princeton University








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"Habeas corpus" Quotes from Famous Books



... and of commerce as its 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 of our heroes have been devoted ...
— United States Presidents' Inaugural Speeches - From Washington to George W. Bush • Various

... arrest 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. Bedard himself declined ...
— The 'Patriotes' of '37 - A Chronicle of the Lower Canada Rebellion • Alfred D. Decelles

... capturing four more, when they returned to St. Paul, bringing with them the dead, wounded, and prisoners. The dead were buried, the wounded healed, and the prisoners discharged by Judge Nelson on a writ of habeas corpus. ...
— The History of Minnesota and Tales of the Frontier • Charles E. Flandrau

... Brinkley, "the gland man," to transplant goat glands. "Oh, no, it's all rot and will never do!" However, we have operated upon five cases and have cured five cases. After awhile we will break down this great wall of prejudice, and insane people will be ordered out for this operation. At present when habeas corpus proceedings are all that will obtain the release, and gland transplantation is the object, not much of a chance exists. I am going to mention one of our very interesting cases, as the man lives only about 15 or 20 miles from me in Dickinson ...
— The Goat-gland Transplantation • Sydney B. Flower

... Attorney-General declared that they gave no additional strength to the phrase "due process of law," while they certainly appear calculated to provoke litigation. Sir Henry James appeared to think that they made the suspension of the Habeas Corpus Act ultra vires. If that is their effect, there is no reason why they should be inserted. Even a Canadian Province, whose powers are more limited than those of the subordinate States in any other Federation, has "exclusive" ...
— The Framework of Home Rule • Erskine Childers

... enough to keep his distance. He did not come forward with advice on habeas corpus and constitutional rights. Only Earl Gray, the druggist, with seven kinds of perfumery on his hair, came out of the crowd with smirking face, ingratiating, servile, offering Morgan a cigar. The look that Morgan gave him would have wilted the tobacco in its green leaf. It wilted Druggist ...
— Trail's End • George W. Ogden

... population, an absentee aristocracy, an alien Church, and, in addition, the weakest executive in the world. This was the Irish question. What would gentlemen say on hearing of a country in such a position? They would say at once, in such case, the remedy is revolution—not the suspension of the Habeas Corpus Act. But the connexion with England prevented it: therefore England was logically in the active position of being the cause of all the misery of Ireland. What, then, was the duty of an English minister? To effect by policy all the changes which a revolution would do by force." If these words ...
— An Illustrated History of Ireland from AD 400 to 1800 • Mary Frances Cusack

... They applied for habeas corpus, and its exercise was refused. Congress has not suspended the writ. Our law officers say that the authority of Congress is necessary to ...
— Continental Monthly, Vol. I. February, 1862, No. II. - Devoted To Literature And National Policy • Various

... 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 ...
— History of the English People, Volume VI (of 8) - Puritan England, 1642-1660; The Revolution, 1660-1683 • John Richard Green

... 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 excitedly, ...
— The Crossing • Winston Churchill

... was called "garnish." The first question to a new prisoner was, whether he was in by arrest or command; and there was generally some knavish attorney in a threadbare black suit, who, for forty shillings, would offer to move for a habeas corpus, and have him out presently, much to the amusement of the villanous-looking men who filled the room, some smoking and some drinking. At dinner a vintner's boy, who was in waiting, filled a bowl full of claret, and compelled the new prisoner to drink to all the society; ...
— Old and New London - Volume I • Walter Thornbury

... struggle against the overshadowing suspicion of the Dover Treaty that the Habeas Corpus Act was passed, and that Party took shape in England. In general, the old cavalier families, led by the clergy and the lawyers, acquiesced in the royal prerogative, the doctrine of passive obedience, the absolute and irresistible authority of that which Hobbes called Leviathan, meaning the abstract ...
— Lectures on Modern history • Baron John Emerich Edward Dalberg Acton

... 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 ...
— What I Saw in America • G. K. Chesterton

... modern politics will explain why it is that the burden of my argument will lie outside the domain of legislation. It is often said that our Constitution attained its formal perfection in 1679, when the Habeas Corpus Act was passed. Yet Charles II. succeeded, only two years later, in making himself independent of Parliament. In 1789, while the States-General assembled at Versailles, the Spanish Cortes, older than Magna Charta and more venerable than our House of Commons, were ...
— The History of Freedom • John Emerich Edward Dalberg-Acton

... Restoration: Reaction in state, church, and society; King striving for absolute power; Nonconformists persecuted; society profligate in its revolt against the strictness of Puritanism; Habeas Corpus Act; Test Act; Plague and ...
— Ontario Teachers' Manuals: History • Ontario Ministry of Education

... said territory shall always be entitled to the benefits of the writs of habeas corpus, and of the trial by jury; of a propo[r]tionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law. All persons shall be bailable, ...
— The Fathers of the Constitution - Volume 13 in The Chronicles Of America Series • Max Farrand

... rights. Such was the case of Archy, a slave brought by one Charles A. Stoval from Mississippi to California in 1857. After hiring Archy out for some time Stoval undertook to return him to Mississippi. Archy escaped and was arrested as a fugitive. Stoval sued out a writ of habeas corpus for his possession and the case came before the Supreme Court for adjudication. Peter Burnett, formerly Governor, who had been appointed justice of that court by Governor Johnson in 1857 and filled the office ...
— The Journal of Negro History, Volume 3, 1918 • Various

... "We'll need a habeas corpus for this stove if you don't get something to hold her up, and I might state, if it's worthy of mention, that your ...
— Pardners • Rex Beach

... 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 two returned ...
— The History of Mary Prince - A West Indian Slave • Mary Prince

... Meanwhile the habeas corpus act was suspended for eight months, and Governor Bowdoin called out an army of 4,400 men, who were placed under command of General Lincoln. As the state treasury was nearly empty, some wealthy gentlemen in Boston subscribed the money needed for equipping these troops, and ...
— The Critical Period of American History • John Fiske

... Gutman had finally decided to surrender him to the demand of the British Government, appeal was made to the United States Circuit Court, Judge Woodruff, then to the Supreme Court, Judge Barrett, before whom Mac was brought by writs of habeas corpus; but the commissioner's decision was sustained. Mac was sent to Fort Columbus for safe-keeping while counsel were vainly arguing on new writs of habeas corpus and certiorari, but before any conclusion could be reached, he was hurried away by his custodians. ...
— Bidwell's Travels, from Wall Street to London Prison - Fifteen Years in Solitude • Austin Biron Bidwell

... as its handmaiden; 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 the blood of our heroes have been devoted ...
— Thomas Jefferson • Edward S. Ellis et. al.

... for prosecuting and punishing the justice. In result of this conference, the knight called aloud for the jailor, and demanded to see a copy of his commitment, that he might know the cause of his imprisonment, and offer bail; or, in case that he should be refused, move for a writ of Habeas Corpus. The jailor told him the copy of the writ should be forthcoming. But after he had waited some time, and repeated the demand before witnesses, it was not yet produced. Mr. Clarke then, in a solemn tone, gave the jailor to understand, that an officer refusing to deliver a true ...
— The Adventures of Sir Launcelot Greaves • Tobias Smollett

... OF HABEAS CORPUS. [Footnote: For the general arrangement of the material in Sections 568-570, I am indebted to Professor Beard's American Government and Politics, to which text acknowledgment is here made.]—In the exercise of their judicial functions the Federal courts have the power of issuing three ...
— Problems in American Democracy • Thames Ross Williamson

... Convention in Great Britain; and the delegates resolved to prepare to summon a Convention if the following emergencies should arise—an invasion, the landing of Hanoverian troops, the passing of a Convention Act, or the suspension of the Habeas Corpus Act. These defiant resolutions were proposed by Sinclair; and, as he afterwards became a Government informer, they were probably intended to lure the Convention away from its proper business ...
— William Pitt and the Great War • John Holland Rose

... Members of the two Houses required to take the Oaths Questions relating to the Revenue Abolition of the Hearth Money Repayment of the Expenses of the United Provinces Mutiny at Ipswich The first Mutiny Bill Suspension of the Habeas Corpus Act Unpopularity of William Popularity of Mary The Court removed from Whitehall to Hampton Court The Court at Kensington; William's foreign Favourites General Maladministration Dissensions among Men in Office ...
— The History of England from the Accession of James II. - Volume 3 (of 5) • Thomas Babington Macaulay

... of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public ...
— Life And Times Of Washington, Volume 2 • John Frederick Schroeder and Benson John Lossing

... the same, March 1.-The French expected every moment. Escape of the Brest squadron from Sir John Norris. Dutch troops sent for. Spirit of the nation. Addresses. Lord Barrymore and Colonel Cecil taken up. Suspension of the Habeas Corpus. The young Pretender—361 ...
— The Letters of Horace Walpole, Volume 1 • Horace Walpole

... Government proposes for the universal 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

... objection to the 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 ...
— Continental Monthly, Vol. 5, Issue 2, February, 1864 • Various

... imprisoned without a trial. On this occasion the names of 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, ...
— A Journal of a Young Man of Massachusetts, 2nd ed. • Benjamin Waterhouse

... with the legislatures of the States, Congress cannot constitutionally pass ex post facto laws in criminal cases, nor suspend the writ of habeas corpus, nor pass a bill of attainder, nor abridge the freedom of speech and of the press, nor invade the right of the people to be secure in their persons, houses, papers, and effects, nor enact laws respecting an establishment of religion. These are general limitations. Congress cannot do these ...
— The Anti-Slavery Examiner, Omnibus • American Anti-Slavery Society

... justice on our side, and even now I am afraid I shall have to take the case before the Orphans' Court before I can convince him. He purposes removing Clara to-morrow morning. I will endeavor to see the Judge of the Orphans' Court to-night, take out a habeas corpus, ordering Le Noir to bring his ward into court, and serve it on him as he passes through Staunton ...
— Capitola the Madcap • Emma D. E. N. Southworth

... 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 ...
— A Brief History of the United States • Barnes & Co.

... Court, but excludes proceedings commenced by petition, such as divorce suits and bankruptcy and winding-up matters, as well as criminal proceedings in the High Court or applications for the issue of the writs of mandamus, prohibition, habeas corpus or certiorari. The Judicature Acts and Rules have had the effect of abolishing all the forms of "action'' used at the common law and of creating one common form of legal proceeding for all ordinary controversies between subjects in whatever division of the High Court. ...
— Project Gutenberg Encyclopedia

... 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 little gambler's hidden counsel. "Cora!" "Ed. Baker!" ...
— The Forty-Niners - A Chronicle of the California Trail and El Dorado • Stewart Edward White

... and do not meddle with human affairs. Just now they are the fashion. In every German duodecimo-principality a parody of the English constitution is set up, quite complete, from Upper and Lower Houses down to the Habeas Corpus Act and trial by jury. These institutions, which proceed from English character and English circumstances, and presuppose both, are natural and suitable to the English people. It is just as natural to the German people to be split up into a number of different ...
— The Essays Of Arthur Schopenhauer • Arthur Schopenhauer

... speeches against Church and against State, and against the Aristocracy, and Habeas Corpus, and against Physic, and against Standing Armies, and Magna Charta, and every other rascally tyranny and oppression to which we are subjected, that I will!" Here Tom gave such a thump with the pestle, that I thought he ...
— Poor Jack • Frederick Marryat

... in reply to Governor Seymour, and to the meeting in Ohio, are among the most interesting productions of Mr. Lincoln. He doubted the legality of the arrest. He quoted the provision of the constitution that the privilege of the writ of habeas corpus "should not be suspended unless, in cases of invasion or rebellion, the public safety may require it." He had suspended the privileges of that writ upon the happening of contingencies stated in the constitution and, therefore, the commanding officer was justified in making ...
— Recollections of Forty Years in the House, Senate and Cabinet - An Autobiography. • John Sherman



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



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