| 释义 |
‖ habeas corpus Law.|ˈheɪbiːæs ˈkɔːpəs|
[L. = thou (shalt) have the body (sc. in court).]
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.
[1231Bracton's Note Bk. (Maitland 1887) 527 Preceptum est uicecomiti quod habeat corpus eius, etc.] 1465Marg. Paston in P. Lett. No. 503 II. 189 Now ther ys com down an habeas corpus for hym. 1585F. Alford in Ellis Orig. Lett. Ser. iii. 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. 1642Humb. Desire & Proposit. Lds. & Comm. 1 Feb. 8 Stopping their Habeas Corpusses. 1678Lady Chaworth in 12th Rep. Hist. MSS. Comm. App. v. 46 Lord Shaftesberie's businesse touching the Habeas Corpus is heard today in the House. 1679Act 31 Chas. II, c. 2 §1 Whensoever any person..shall bring any Habeas Corpus directed unto any Sheriffe..Goaler Minister or other Person. 1768Blackstone Comm. (mod. ed.) III. 131 The great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ad subjiciendum. 1827Hallam Const. Hist. (1876) III. xiii. 9 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: 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.
1691C. Blount Opening of Session in Collect. Poems 20 The Habeas Corpus Act, oppos'd, say still The Subjects Rights, is but the Prince's will. 1768Blackstone Comm. (mod. ed.) III. 135 The oppression of an obscure individual gave birth to the famous habeas corpus act. 1777Burke Let. to Sheriffs of Bristol Wks. III. 136 The other [statute] for a partial suspension of the Habeas Corpus appears to me of a much deeper malignity. 1857Buckle Civiliz. I. vii. 352 By the Habeas Corpus Act, the liberty of every Englishman was made as certain as law could make it.
c. fig.
1589Pappe w. Hatchet (1844) 38 And with an Habeas corpus to remove them from the Shepheards tarre-boxe to the hangmans budget. 1660T. Gouge Chr. Directions xviii. (1831) 96 There is not a habeas corpus comes to remove thy yoke-fellow, child, or friend, but it is signed by thy heavenly Father. 1775Sheridan 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.
Hence habeas corpus v. trans. (nonce-wd.), to remove or transport as if by a writ of habeas corpus.
1817Keats Wks. (1889) III. 3 Habeas corpus'd as we are out of all wonder, curiosity, and fear. |