Imágenes de páginas
[merged small][merged small][ocr errors]

HOr h, the eighth letter, and sixth con'sonant in our alphabet; though some grammarians will have it to be only an aspiration or breathing.

It is pronounced by a strong expiration of the breath between the lips, closing, as it were, by a gentle motion of the lower jaw to the upper, and the tongue nearly approaching the palate.

There seems to be no doubt, but that our fcf which is the same with that of the Roman*, derived its figure from that of the Hebrew n. And, indeed, the Phoenicians, most ancient Greeks and Romans, used the same figure with our H, which in the series of all these alphabets keeps its primitive place, being the eighth letter.

H, used as a numeral, denotes 300 ; and with a dash over it,IT, 200,000.

HABEAS corpus, a writ, of various uses, and of different importance. It was originally a writ, which a man indicted of a trespass before justices of the peace, or in a court of franchise, and being apprehended for it, may have out of the King's Bench, to remove himself thither at his own costs, and to answer the cause there. In its more usual sense it is the most celebrated writ in the English law. The most efficacious kind, in all manner of illegal confinement, is that of habeas corpus ad $ubjiciendum,w\uch is the subject's writ of right, in cases where he is aggrieved by illegal imprisonment, or any unwarrantable exercise of power.

This writ is founded upon common law, and has been secured by various statutes, of which the last and most efficacious, was the 31 Charles II. c S, which is emphatically termed the habeas act, and may justly be deemed a second magna charta, and as relates to modern times is far more efficacious, for it is the grand protection of the subject against unlawful imprisonment.

By this important statute it is enacted, that on complaint, in writing, by or on behalf of any person committed and charged with any crime (unless committed for felony or treason expressed in the warrant, or as accessary, or on suspicion of being accessary before the fact to any petit treason or felony plainly expressed in the warrant, or unless he be convicted or charged in execution by legal process), the Lord Chancellor, or any other of the twelve judges in vacation, upon viewing a copy of the warrant, or affidavit that the copy is denied, shall (unless the party have neglected for two terms to apply to any court for his enlargement) award an habeas corpus for such prisoner, returnable immediately before himself or any other of the judges, and upon return made, shall discharge the party, if bailable, upon giving security to appear, and answer to the accusation in the proper court of judicature.

That such writs shall be indorsed, as granted in pursuance of the act, and signed by the person awarding them. That the writ shall be returned, and the prisoner brought up within a limited time, according to the distance, not exceeding in any case twenty days. That the officers and keepers neglecting to make due returns, or not delivering to the prisoner or his agent, within six hours after demand, a copy of the warrant of commitment, or shifting the custody of a prisoner, from one to another, without sufficient reason or authority (specified in the act), shall, for the first ofl'rnce, forfeit one hundred pounds, and for the second offence two hundred pounds to the party grieved, and be disabled to hold his office. That no person, once delivered by habeas corpus, shall be recommitted for the same offence, on penalty of five hundred pounds.

That every person committing treason or felony, shall, if he require it, the first week of the next term, or the first day of the sessions of oyer and terminer, be indicted in that term or session, or else he admitted to bail, unless the king's witnesses cannot be produced at that time; and if acquitted, or if not indicted and tried in the second term or session, he shall be discharged from hit imprisonment for such imputed offence; but no person, after the assize shall be open for the county in which he is detained, shall be removed by habeas corpus till, after the assizes are ended, but shall be left to the justice of the judges of assize. That any such prisoner may move for and obtain his habeas corpus, as well out of the Chancery or Exchequer, as out of the King's Bench or Common Pleas; and the Lord Chancellor, or judges denying the same on sight of the warrant, or oath that the same is refused, •hall forfeit severally to the party grieved, the sum of five hundred pounds. That this writ of habeas corpus, shall run into the counties palatine, cinque ports, and other privileged places, and the islands of Jersey, Guernsey, Sec. That no inhabitants of England (except persons contracting, or convicts praying to be transported, or having committed some capital offence in the place to which they are sent) shall be sent prisoners to Scotland, Ireland, Jersey, Guernsey, or any places beyond the seas, within or without the King's dominions, on pain that the party committing, his advisers, aiders, and assistants, shall forfeit to the party grieved a sum not less than five hundred pounds, to be recovered with treble costs, shall be disabled to bear any office of trust or profit, shall incur the penalties of i-rcmuuire, and shall be incapable of the King's pardon.

The writ of habeas corpus being an high prerogative writ, issues ont of the King's Bench or Common Pleas, not only in terra, but in vacation, by the fiat from the chief justice, or any other judge; and runs into all parts of the King's dominions. If it issues in vacation, it is usually returnable before the judge himself who awarded it, and he proceeds by himself thereon, unless the term should intervene, when it may be returned in court.

To obtain this writ, application must be made to the court by motion, as in the case of all other prerogative writs. This writ may also be obtained to remove every unjust restraint or personal freedom in

private life, though imposed by an husband, or a father; but when women or infants are brought up by habeas corpus, the court will set them free from an unmerited or unreasonable confinement, and will leave them at liberty to choose where they will go.

The habeas corpus ad subjiciendum is a prerogative writ, and also, in regard to the subject, is his writ of right, to which he is entitled to ex debito justiciar, being in nature of writ of error to examine the legality of the commitment, and commanding the day, the caption, and cause of detention to be returned.

The habeas corpus ad faciendum et recipiendum issues only in civil cases, and lies where a person is sued, and in gaol, in some inferior jurisdiction, and is willing to have the cause determined in some superior court; in this case the body is to be removed by habeas corpus, but the proceedings must be removed by certiorari. This writ suspends the power of the court below; so that if it proceeds after, the proceedings are void, and deemed coram non judice. The proceedings in the inferior court are, in fact, at an end; for the person of the defendant being removed to the superior court, they have lost their jurisdiction over him, and all the proceedings in the superior court are de novo, so that bail de novo must be put in, in the superior court.

Habeas corpus ad respondendum is where a man hath a cause of action against one who is confined by the process of some inferior court; in which case, this writ is granted to remove the prisoner to answer this new action in the court above, which is often done to remove a prisoner from the prison of the Fleet into the King's Bench, and cure rersa.

Habeas corpus ad deliberandum, et recipiendum, is a writ which lies to remove a person to the proper place or county where he committed some criminal offence.

Habeas corpus ad satisfaciendum lies after a judgment, when the party wishes to bring up a prisoner to charge him in execution in the interior court.

Habeas corpus upon a cepi lies where the party is taken in execution in the court be low.

Habeas corpus ad testificandum lies to remove a person in confinement, in order to give his testimony in a cause depending.

These are all writs, in civil cases, to bring the party into court for a special purpose, and are mere ordinary processes; but the grand writ by which the liberty of the subject is secured, is that of the habeas corpus mentioned first, which is justly deeim-d a palladium of British liberty. Its efficacy consists in the right that every man has to have his cause of commitment publicly stated and inquired into by the lawful judges of the land, according to the ordinary rules of law, and it provides not only against the oppression and cruelty, but also against the indolence and ignorance of a government; for it is welt observed by Blackstone, that under a despotic authority, and when the habeas corpus art has been suspended, the unfortunate persons who have been confined have been too often suffered to linger, because they were forgotten. One important use of the habeas corpus, to which it is now daily applied, is in bringing up seamen who have been impressed, to ascertain whether they are subject to that rigorous authority. In times of particular alarm, it has been the practice to suspend the operation of the habeas corpus act, and it is to be feared that ministers have rather sought and made than properly found a just occasion for this measure. It is easy to cry that the church and state is in danger, and there are enough ready to take or to feign an alarm; the habeas corpus act is suspended, and men are taken up by warrants from the Secretary of State, upon mere charges of libel, or what is indefinitely called sedition, to give a colour to the harsh usurpation of power. Instance* have been known where men so confined have been afterwards released without trial; because, in reality, no charge could be supported against them. In the ordinary course of law these men would be entitled to indemnity; but the minister, who has the address to procure an indemnity bill, avoids the just compensation due to injured innocence, and the man who has been ruined by an unjust charge is without redress. Surely, when these are the possible consequences of a suspension sf the habeas corpus act, every Briton onght to resist it. If crimes are committed the law has vigour to punish. The habeas corpus is the protection only of the innocent, and they should never be deprived of it.

With respect to removing civil causes out of inferior courts by habeas corpus, there are some useful restrictions, such as that they shall not be removed, if the debt or damages be less than .'>/., \c.

HABENDUM, in a deed, that formal part of it which is to determine what estate

or interest is granted by it, the certainty thereof, for what time, and to what use. It is expressed by the words" to have and to hold for such a term," &c. It sometimes qualifies the estate, so that the general extent which, by construction of law, passes by the words used in the premises, may by the habendum be controlled. The habendum may, therefore, lessen or enlarge the estate previously granted, but it cannot totally contradict or be repugnant to it. As if a grant be to one, and the heirs of his body, habendum, to have to him and his heirs for ever, here he has an estate tail by the grant; and by the habendum a fee-simple expectant thereon. But if it had been in the premises to him and his heirs to have for life, the habendum would be uUerly void: for an estate of inheritance is vested in him before the habendum comes, and shall not afterwards be taken away, or divested by it. The habendum cannot pass any thing that is not expressly mentioned, or contained by implication, in the premises of the deed ; because the premises being part of the deed by which the tiling is granted, and consequently that makes the gift, it follows, that the habendum, which only limits the certainty asid extent of the estate in the thing given, cannot increase or multiply the gift, because it were absurd to say, that the grantee shall hold a thing which, was- never given him. See Deed. ~ HABIT, in philosophy, an aptitude or disposition either of mind or body, acquired by a frequent repetition of the same art.

HACKLE, an implement used in dressing flax.

H.EMANTHUS, in botany, a genus of the Hexandria Mouogynia class and order. Natural order of Spathacea*. Narcissi, Jussieu. Essential character: involucre six-leaved, many - flowered; corolla sixparted, superior; berry three-celled. There are eight species.

H.EMATOPUS, the Oyster-catchrr, in natural history, a genus of birds of the order Grallie. Generic character: bill compressed, the tip an equal wedge; nostrils linear; tongne about a third part of the length of the bill; toes three; all placed forwards, the outer one joined to the middle by a strong membrane. This bird is sixteen inches in length, and about the size of a crow; it is to be met with on almost every sea-shore, and is rather common in Great Britain, particularly on the Western coast. In the winter season, these birds are seen in considerable flocks, but in summer, only in pairs. The female prepares no nest, but deposits her eggs on the naked shore, a little above high-water mark. If the oyster-catcher be taken young, it is tamed with great ease, and will accompany the ducks to the ponds, and the poultry in general to their roosts. The general food of these birds, in their natural state, consists of shell-fish; they will, with astonishing ease, force the limpet from the rock, notwithstanding its tenacious hold, and, on perceiving the slightest aperture of its shells by an oyster, they insert their bills in it with admirable dexterity, and tear the tenant from his mansion. See Aves, Plate VII, fig. 6.

REMATOXYLUM, in botany, a genus of the Decandria Monogynia class and order. Natural order of Lomentaceae. Leguminosar, Jussieu. Essential character: calyx fire-parted; petals five; legume lanceolate; valves boat-shaped. There is but one species, riz. H. cainpecheinum, logwood, blood-wood, or campeche-wood. This tree grows naturally in the bay of Campeche, at Honduras, and many parts of the Spanish West Indies, where it frequently rises to fonr-and-twenty feet in height.

HEMORRHOIDS, or Piles. See Me,


H/ERTJCA, in natural history, a genus of the Vermes Intestina class and order. Body round, the fore-part two-necked, apd sin rounded with a single row of prickles, without any proboscis. Only one species is mentioned by Ginelin, Ariz. the H. mm is, which inhabits the intestines of the mouse, and is distinguished from the genus Echi- norliynchus, by being destitute of the retractile proboscis.

HAIL, in natural history, a meteor generally defined frozen rain, but differing from it, in that the hailstones are not formed of single pieces of ice, but of many little spherules agglutinated together; neither are these spherules all of the same consistence; some of them being hard and solid, like perfect ice; others soft, and mostly like snow hardened by a severe frost. Hailstone has a kind of core of this soft matter; but more frequently the core is solid and hard, while the outside is formed of a softer matter. Hailstones assume various figures, being sometimes round, at other times pyramidal, crenated, angular, thin, and fiat, and sometimes stellated with six radii, like the small crystals of snow. Natural historians furnish us with various accounts of

surprising showers of hail, in which the hailstones were of extraordinary magnitude. Of these we mention one or two, said to have happened in our own country.

"Dr. Halley, and others also, relate, that in Cheshire, Lancashire, &c, April 29th, 1697, a thick, black cloud, coming from Carnarvonshire, disposed the vapours to congeal in such a manner, that, for about the breadth of two miles, which was the limit of the cloud, in its progress for the space of sixty miles, it did inconceivablo damage; not only killing all sorts of fowls, and other small animals, but splitting trees, knocking down horses and men, and even ploughing up the earth; so that the hailstones buried themselves under ground, an inch or an inch and a half deep. The hail-" stones, many of which weighed five ounces, and some half a pound, and, being five or six inches about, were of various figures; some round, others half round; some smooth, others embossed and crenated; the icy substance of them was very transparent and hard, but there was a snowy kernel in the middle of them.

"In Hertfordshire, May 4, the same year, after a severe storm of thunder and lightning, a shower of hail succeeded, which far exceeded the former; some persons were killed by it, and their bodies beaten all black and blue; vast oaks were split, and fields of rye cut down as with the scythe. The stones measured from ten to thirteen or fourteen inches about Their figures were various, some oval, others picked, and some flat." Phil. Trans. Number 229. See Meteorology.

HAILING, in naval language, the salutation or accosting a ship at a distance, which is usually performed with a speakingtrumpet: the first exclamation is "hoa, the ship, a hoay," to which she replies " hollow;" then follow the requisite questions and replies.

HAIR, small filaments issuing out of the pores of the skins of animals, and serving most of them as a tegument or covering. In lieu of hair, the nakedness of some animals is covered with feathers, wool, scales, &c. Hair is found on all parts of the human body, except the soles of the feet and the palms of the hands; but it grows longest on the head, chin, breast, in the armpits, ice. It is known that every hair does properly and truly live, and receive nutriment to fill and distend it like the other parts; which they argue hence, that the roots do not turn grey in aged persons sooner than the extremities, but the whole changes colour at once, and the like is observed in boys, ice.; which shows, that there is a direct communication, and that all the parts are affected alike. It may be observed, however, that, in propriety, the life and growth of hairs is of a different kind from that of the rest of the body, and is not immediately derived therefrom, or reciprocated therewith. It is rather of the nature of vegetation. They grow as plants do ont of the earth; or, as some plants shoot from the parts of others, from which though they draw their nourishment, yet each has, as it were, its several life, and a distinct economy. They derive their food from some juices in the body, but not from the nutritious juices; whence they may live though the body be starved.

The hairs ordinarily appear round or cylindrical ; but the microscope also discovers triangular and square ones, which diversity of figure arises from that of the pores, to which the hairs always accommodate themselves. Their length depends on the quantity of the proper humour to feed them, and their colour on the quality of that humour: whence, at different stages of life, the colour usually differs. Their extremities split into two or three branches, especially when kept dry, or suffered to grow too long; so that what appears only a single hair to the naked eye, seems a brush to the microscope. The hair of a mouse, viewed by Mr. Derhani with a microscope, seemed to be one single transparent tube, with a pith made up of fibrous substances, running in dark lines, in some hairs transversely, in others spirally. The darker medullary parts or lines, be observes, were no other than small fibres convolved round, and lying closer together than in the other parts of the hair; they run from the bottom" to the top of the hair, and, he imagines, may serve to make a gentle evacuation of some humour out of the body: hence, the hair of hairy animals, this author suggests, may not only serve as a fence against cold, etc., but as an organ of insensible perspiration. Hair makes a very considerable article in commerce, especially since the mode of perukes has obtained. The hair of the growth of the northern countries, as England, &c. is valued much beyond that of the more southern ones, as Italy, Spain, the - south parts of France, &c. The merit of good hair consists in its being well fed, and neither too coarse nor too slender; the bigness rendering it less susceptible of the ar

tificial curl, and disposing it rather to frizzle, and the smallness making its curl of too short duration. Its length should be about twenty-five inches; the more it falls short of this, the less value it bears.

The scarceness of grey and white hair, lias put the dealers in that commodity upon the methods of reducing other colours to these." This is done by spreading the hair to bleach on the grass like linen, after first washing it ont in a bleaching water: this ley, with the force of the sun and air, brings the hair to so perfect a whiteness, that the most experienced person may be deceived therein; there being scarce any way of detecting the artifice, but by boiling and drying it, which leaves the hair of the colour of a dead walnut-tree leaf. Hair, like wool, may be dyed of any colour.

Hair which does not curl or buckle naturally, is brought to it by art, by first boiling, and then baking it, in the following manner: after having picked and sorted the hair, and disposed it in parcels according to lengths, they roll them up, and tie them tight down upon little cylindrical instruments, either of wood or earthen ware, a quarter of an inch thick, and hollowed a little in the middle, called pipes; in which state they are put in a pot over the fire, there to boil for about two hours. When taken out, they let them dry; and, when dried, they spread them on a sheet of brown paper, cover them with another, and thus send them to the pastry-cook, who, making a crust or coffin around them, of common paste, sets them in an oven till the crust is about three-fourths baked. The end by which a hair grows to the head, is called the head of the hair; and the other, with which they begin to give the buckle, the point. Formerly the peruke-makers made no difference between the ends, but curled and wove them by either indifferently; but this made them unable to give a tine buckle; hair woven by the point never taking a right curl.

Hair is also used in various other arts and manufactures: in particular, the hair of beavers, hares, conies, &c, is the principal matter whereof hats are made. Spread on the ground, and left to putrify on cornlands, hair, as all other animal substances, Ariz. horns, hoofs, blood, &c proves good manure.

This, like every part of the animal system, has been chemically analysed, and has been found to contain a large portion of gelatine, which may be separated from it by

« AnteriorContinuar »