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res bonorum; and H. S. corruptly for LLS. fefterce; and HA. for Hadrianus. III. As a NUMERAL, H denotes 200; and with a dash over it, 200,000.
HA. interje&. [ba, Latin.] 1. An expreffion of wonder, furprife, fudden question, or sudden exertion.--
ya ftrong emiffion of the breath, without any conformation of the organs of speech, and is therefare by many grammarians accounted no letter. The bin English is fcarcely ever mute at the be-, ginning of a word, or where it immediately precedes a vowel as boufe, bebaviour: where it is followed by a confonant it has no found, accorg to the prefent pronunciation: but anciently, as now in Scotland, it made the fyllable guttural; as, right, bought.
(a) is ufed, 1. as a letter; 2. as an abbreviation; and, 3. as a numeral. I, As a LETTER, H is the 8th in our alphabet, and the 6th confonant. Nothing can be more ridiculous than to difpute its being a distinct found, (See § 1.) and formed in a particular manner by the organs of fpeech, at language: witnefs the words all and ball, eat and beat, arm and harm, ear and hear,
leaf ta our
at and bat, &c. as pronounced with or without
theb. It is pronounced by a strong exfpiration of the breath between the lips, clofing, as it were, by a cutle motion of the lower jaw to the upper, and the tongue nearly approaching the palate. It eems to be agreed, that our H, which is the fame with that of the Romans, derived its figure from the Hebrew. The Phoenicians, and moft anwith our H, which in the series of all these alphacent Greeks and Romans, ufed the fame figure bets keeps its primitive place, being the 8th letter; tho' the afterwards occupied its place in
You shall look fairer ere I give or hazard: What fays the golden cheft? ba! let me fee.
Ha! what art thou! thou horrid headless trunk!
It is my Haftings! Rowe's Jane Shore. 2. An expreffion of laughter. Ufed with reduplication. He faith among the trumpets ka, ha, and he smelleth the battle afar off. Job xxxix. 25. Ha, ha, 'tis what fo long I with'd and vow'd; Our plots and delusions
Have wrought fuch confufions,
That the monarch's a glave to the crown, Dryd. HAA, an ifle on the N. coast of Scotland, 34 miles SE. of Farout Head.
(1.) HAAG, or HAG, a town of Germany, in Bavaria, feated on a hill, on the W. fide of the Inn. Lon. 12. 23. E. Lat. 48. 16. N.
(2, 3.) HAAG, 2 towns of Austria; 1. ten miles SE. of Ens: 2. eight m. WNW. of Schwanftadt. (1.)* HAAK. n. f. A fish. Ainsworth. (2.) HAAK. See GADUS, N°6; and HAKE, § 2. HAANO, one of the HAPAEE Islands difcover
the Greek alphabet, and its form was changed to ed by Capt. Cook, in 1777, in the S. Pacific QX; while its former figure, H, was used for the cean. Lon. 185. 43. E. Lat. 19. 41. S.
th letter Eta, or long e. (See E.) H fubjoined
(1.) HAARBURG, a town and fort of Lunen
tor, fometimes gives it the guttural found, as in burg Zell, feated on the Seeve, 7 miles S. of Hamb: more frequently that of th, as in charity, chit- by the Hanoverians in 1757. Lon. 27. 21. E. of fans, fometimes the found of /b, as in Charlotte; burg. It was taken by the French, and retaken nat, church, &c. and not feldom that of k, as in Ferro. Lat. 53. 33. N.
other Greek proper names ought rather to have arader, Achilles, &c. though the latter and all
(2.) HAARBURG, a town of Suabia.
the guttural found, agreeably to their original lia; 1. three miles NE. of Buren: 2. two miles E. pronunciation. H, fubjoined top and t, also al- of Hainm. ters the found of these letters; giving the for
mer the found of f,
that of the Greek e, as in theology, truth,
as in philofophy, &c. and
HAARKIRCHEN, a town of Germany, in Auftria, 3 miles N. of Efferding.
. and in fome English words, as the, that, thefe, one of the 12 leffer prophets, whofe prophecies
HABAKKUK, (papan, Heb. i. e. a wrestler.]
kc. a ftill harder found. II. As an ABBREVIA
VOL. XI. PART 1.
are taken into the canon of the Old Testament.
There is no precife time mentioned in Scripture when he lived; but from his predicting the deftruction of Jerufalem by the Chaldeans, it is evident that he prophecied before Zedekiah, probably about the time of Manaffeh. He is reported to have been the author of feveral prophecies which are not extant: but all that are indifputably his are contained in three chapters. In thefe he complains pathetically of the vices of the Jews; foretels their punishment by the Chaldeans; the defeat of the vast designs of Jehoiakim; with the conquefts of Nebuchadnezzar, his metamorphofis, and death. The 3d chapter is a prayer to God, whofe majesty he defcribes with the utmoft grandeur and fublimity of expreflion.
HABAR, a town of Pertia, in Irak. HABAS, a town of France, in the dep. of Landes, 20 miles S. of Dax, and 9 NW. of Orthez. (1.) HABAT, a province of Barbary, in the kingdom of Fez; furrounded by the Mediterranean, the Straits of Gibraltar, and the Atlantic. The chief towns are Arzilla and Tetuan. Ceuta is in poffeffion of the Spaniards.
(2.) HABAT, a province of Morocco, 40 miles fquare. Sallee is the capital.
HABDALA, (Heb. i. e. diftinction, from 73, to feparate,] a ceremony of the Jews obferved on the fabbath evening. When all the family is come home, they light a taper or lamp, with two wicks at least. The master of the family then takes a cup, with fome wine, mixed with fragrant fpices, and having repeated a paffage of fcripture, (e. g. Pfal. cxvi. 13. or Efth, viii. 16.) he bleffes the wine and fpices. Afterwards he bleifes the light of the fire; and then cafts his eyes on his hands and nails, as remembering that he is going to work; to fignify, that the fabbath is over, and feparated from the day of labour which follows. After the ceremony is over, and the company breaks up, they with one another, not a good night, but a good aweek.
(1.) HABEAS CORPUS. [Latin.] A writ, the which, a man indicted of fome trefpafs, being laid in prifon for the fame, may have out of the King's Bench, thereby to remove himself thither at his own cofts, and to answer the cause there. Cowel. (2.) HABEAS CORPUS is the great remedy in cafes of FALSE IMPRISONMENT. The incapacity of the 3 other remedies referred to under the article IMPRISONMENT, to give complete relief in every cafe, has almost entirely antiquated them, and caufed a general recourse to be had, in behalf of perfons aggrieved by illegal imprisonment, to this writ, the most celebrated in the English law. Of this there are various kinds made ufe of by the courts at Westminster, for removing prifoners from one court into another for the more cafy administration of justice. Such is the habeas corpus ad refpondendum, when a man hath a cause of action against one who is confined by the procefs of fome inferior court; in order to remove the prifoner, and charge him with this new action in the court above. Such is that ad fatisfaciendum, when a prifoner hath had judgment againft him in an action, and the plaintiff is defirous to bring him up to fome fuperior court to charge him with proeefs of execution. Such are alfo thofe ad profequendum, telificandum, deliberandum, &c.; which
iffue when it is neceffary to remove a prifoner, in order to profecute or bear teftimony in any court, or to be tried in the proper jurifdiction wherein the fact was committed. Such is, laftly, the common writ ad faciendion et recipiendum, which iffues out of any of the courts of Westminster-hall, when a perfon is fued in fome inferior jurisdiction, and is defirous to remove the action into the fuperior court; commanding the inferior judges to produce the body of the defendant, together with the day and caafe of his caption and detainer (whence the writ is frequently denominated an babeas corpus cum canfa), to do and receive whatsoever the king's court fhall confider in that behalf. This is a writ grantable of common right, without any motion in court: and it inftantly supercedes all proceedings in the court below. But, to prevent the furreptitious difcharge of prisoners, it is ordered by ftat. 1 & 2 P. & M. c. 13. that no habeas corpus fhall iffue to remove any prifoner out of any goal, unlefs figned by fome judge of the court out of which it is awarded. And, to avoid vexatious delays by removal of frivolous causes, it is enacted by flat. 21 Jac. I c. 23. that, where the judge of an inferior court of record is a barrifter of 3 years ftanding, no caufe fhall be removed from thence by habeas corpus or other writ, after iffure or demurrer deliberately joined: that no caufe, if once remanded to the inferior court by writ of proce dendo or otherwife, thail ever afterwards be again removed: and that no caule fhall be removed at all, if the debt or damages laid in the declaration do not amount to the fum of five pounds. But an expedient having been found out to elude the latter branch of the ftatute, by procuring a nominal plaintiff to bring another action for L. §. or upwards (and then by the course of the court, the habeas corpus removed both a&ions together), it is therefore enacted by ftat. 12 Geo. I. c. 29. that the inferior court may proceed in fuch actions as are under the value of L. 5, notwithstanding other actions may be brought against the fame defender to a greater amount. But the great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ad fubjiciendum; directed to the perton detaining another, and commancing him to produce the body of the prifoner, with the day and cause of his caption and detention, ad faciendum, fubjiciendum, et recipiendum, to do, fubmit to, and receive whatsoever the judge or court awarding fuch writ fhall confider in that behalf. This is a high prerogative writ, and therefore by the common law iffuing out of the court of king's bench, not only in term time, but alfo during the vacation, by a fiat from the chief juftice, or any other judge, and running into all parts of the king's dominions: for the king is at all times intitled to have an account why the liberty of any of his fubjects is restrained, wherever that restraint may be inflicted. If it iffues in vacation, it is ufually returnable before the judge himfelf who a warded it, and he proceeds by himself thereon unless the term fhould intervene, and then it may be returned in court. Indeed, if the party wer priviledged in the courts of common pleas and ex chequer, as being an officer or fuitor of the court an habeas corpus ad fubjiciendum might alfo hav been awarded from thence; and, if the cause o imprisonmen
mpionment were palpably illegal, they might fions of magna charta, and a long fucceffion of have difcharged him: but if he were committed ftatutes enacted under Edward III. To alert an for any criminal matter, they could only have re- abfolute exemption from imprisonment in all cafes, randed him, or taken bail for his appearance in is inconfiftent with every idea of law and political the court of king's bench; which occafioned the fociety; and in the end would deftroy all civil liCommon Pleas to difcountenance fuch applica- berty, by rendering its protection impoffible: but tons. It has also been faid, by very refpectable the glory of the English law confifts in clearly deauthorities, that the like babeas corpus may iffue fining the times, the caules, and the extent, when, out of the court of chancery in vacation: but, u- wherefore, and to what degree, the imprisonment pon the famous application to lord Nottingham of the fubject may be lawful. This it is which by Jenks, notwithstanding the moft diligent induces the abfolute necethity of expreffing upon earches, no precedent could be found where every commitment the reafon for which it is made; the chancellor had iffued fuch a writ in vaca. that the court, upon an habeas corpus, may exaton; and therefore his lordship refufed it. In mine into its validity; and according to the cir the court of King's Bench it was, and is till, cumftances of the cafe may discharge, admit to necefiry to apply for it by motion to the court, bail, or remand the prifoner. And yet, early in as in the cafe of all other prerogative writs, the reign of Charles I. the court of king's bench, (artrari, prohibition, mandamus, &c.) which relying on fome arbitrary precedents (and those do not iffue as of mere courfe, without showing perhaps misunderstood), determined that they Come propable caufe why the extraordinary power could not, upon an habeas corpus, either bail or of the crown is called in to the party's affiftance. deliver a prifoner, though committed without any For, as was argued by lord chief juftice Vaughan, caufe affigned, in cafe he was committed by the granted on motion, because it cannot be special command of the king, or by the lords of bad of courte; and there is therefore no necefty the privy council. This drew on a parliamentary to grant it; for the court ought to be fatisfied inquiry, and produced the petition of right, 3 Car. that the party hath a probable caufe to be deliver- 1. which recites this illegal judgment, and enacts ed. And this feems the more reafonable, be- that no freeman hereafter fall be imprifoned cafe, then once granted, the perfon to whom or detained. But when, in the following year, it is directed can return no fatisfactory excufe for Mr Selden and others were committed by the lords But bringing up the body of the piifoner. So of council, in pursuance of his majesty's fpecial that, if it lifted of mere courfe, without showing command, under a general charge of "notable 10 the court or judge fome reafonable ground for contempts and stirring up fedition against the king awarding it, a traitor or felon under fentence of and government," the judges delayed for two death, a foldier or mariner in the king's fervice, a terms (including alfo the long vacation) to deliver te, a child, a relation, or a domeftic, confined an opinion how far fuch a charge was bailable; for iafanity or other prudential reafons, might ob- and when at length they agreed that it was, they tain a temporary enlargement by fuing out an ba- however annexed a condition of finding fureties deas corpus, though fure to be remanded as foon as for the good behaviour, which still protracted to the court. And therefore Sir their imprisonment; the chief justice Sir Nicholas Edward Coke, when chief juftice, did not fcruple, Hyde, at the fame time declaring, that "if they 13 Jac. 1. to deny a babeas corpus to one con- were again remanded for that caufe, perhaps the fined by the court of admiralty for piracy; there court would not afterwards grant a habeas corpus," appearing, upon his own thowing, fufficient being already made acquainted with the caule of grounds to confine him. On the other hand, if the imprisonment." But this was heard with ina probable ground be fhown, that the party is dignation and aftonifhment by every lawyer preprined without juft caufe, and therefore has fent; according to Mr Selden's own account of night to be delivered, the writ of habeas corpus the matter, whose refentment was not cooled at then a writ of right, which may not be de- the diftance of 24 years.-Thefe pitiful evasions ied, but ought to be granted to every man that gave rife to the ftatute 16 Car. II. cap. 1o. 8. committed, or detained in prifon, or otherwife whereby it is enacted, that if any perfon be comreframed, though it be by the command of the mitted by the king himself in perfon, or by his articles LIBERTY and RIGHTS, will be found a ng, the privy-council, or any other." Under the privy council, or by any of the members thereof, fall account of the personal liberty of the subject. he hall have granted unto him, without any delay upon any pretence whatsoever, a writ of babeas corpus, upon demand or motion made to the
rendered or forfeited, unless by the commiffion
court of king's bench or common-pleas; who
cf fame great and atrocious crime, and which hall thereupon, within 3 court-days after the recaght not to be abridged in any cafe without the turn is made, examine and determine the legality fpecial permiffion of law. A doctrine coeval with of fuch commitment, and do what to justice shall the frit rudiments of our conftitution; and hand- appertain, in delivering, bailing, or remanding ed down to us from the Anglo-Saxons, notwith- fuch prifoner. Yet ftill in the cafe of Jenks, befading all their struggles with the Danes, and fore alluded to, who, in 1676, was committed the violence of the Norman conqueft: afferted afand his defcendants: and though fometimes a lit- ufe of to prevent his enlargement by law; the terwards and confirmed by the conqueror himself Guild hall, new fhifts and devices were made the impaired by the ferocity of the times, and the chief juftice (as well as the chancellor) declining yet etablished on the firmeft bafis by the provi- in vacation, though at laft he thought proper occafional defpotifm of jealous or ufurping princes, to award a writ of habeas corpus ad fubjiciendun
by the king in council for a turbulent fpeech at
to award the ufual writs ad deliberandum, &c.
affifes fhall be opened for the county in which he
HABEEBA, an island near Algiers. 、
(1.) * HABERDASHER, n.. [This word is ingeniously deduced by Minjhew from habt ihr days, German, have you this? the expreffion of a shopkeeper offering his wares to fale.] One who feil. fmall wares; a pediar.-Because thefe cuning men are like haberdafters of mall wares, it is n amifs to fet forth their thop. Lacon.-A haberda? er, who was the oracle of the coffeehoute, decia red his opinion. Addijon,
(2.) HABERDASHER. See BERDASH. This word is now uled in a much more extensive fente thau that above defined by Dr Johnson, § I. Creech, in his letters to Sir J. Sinclair, fays it cludes many trades, the mercer, milliner, liner draper, hatter, hofter, glover, and many others. (Stat. Acc. VI. 593.) The mafter and wardens the company of haberdafners in London; callin
to their affiftance one of the company of cappers, and another of the hat-makers, and mayors, &c. of towns, may search the wares of all hatters who work hats with foreign wool, and who have not been apprentices to the trade, or who dye them with any thing but copperas and galls, or woad and madder; in which cafes they are liable to peDalties by ftat. 8 Eliz. cap. 7. and 5 Geo. II. c. 22. HABERDINE. n.. A dried falt cod. Ainfw. HABERE FACIAS SASINAM, a writ judical, which lies where a man has recovered lands, commanding the theriff to give possession of them.
1) HABERGEON. n. f. [baubergeon, Fr. baibergium, low Lat.] Armour to cover the neck and breaft; breaft-plate: neck-piece; gorget.And halbert fome, and fome a babergeon; So every one in arms was quickly dight. Fairf, The fhot let fly, and grazing Upon his shoulder, in the paffing, Lodg'd in Magnano's brafs habergeon. Hadib. (4) HABERGEON, HABERGETUM, [from baut Fr. bigh, and berg, armour.] was a coat of mail; ancient piece of defenfive armour, in form of a coat, defcending from the neck to the middle, and formed of little iron rings or mafhes, linked
into each other.
HABESAN, a town of Perfia in Segeftan. HABICOT, Nicholas, a celebrated French fur Eron, horn at Bonny in Gatinois, who acquired great reputation by his skill, and by his writings. He wrote a treatife on the plague, and feveral other curious works. He died in 1624.
HABILIMENT. n. [babilement, Fr.] Drefs; clothes; garment.
He the faireft Una found, Strange lady, in fo ftrange babiliment, Teaching the fatyres.
-Both the poets being dreffed in the fame Englifh habit, ftory compared with ftory, judgment may be made betwixt them. Dryden.
The scenes are old, the bubits are the fame We wore laft last year. Dryden. Changes there are in veins of wit, like thofe of habits or other modes. Temple.-There are among the ftatues feveral of Venus, in different babits. Addifon. The clergy are the only set of men who wear a diftin&t babit from others. Swift. 3. Habit is a power or ability in man of doing any thing, when it has been acquired by frequent doing the fame thing. Locke.-He hath a better bad habit of frowning than the count Palatine. Shak. 4. Cuftom; inveterate ufe. The laft fatal ftep is, by frequent repetition of the finful act, to continue and perfift in it, 'till at length it fettles into a fixed confirmed babit of fin; which being that which the apostle calls the finishing of fin, ends certainly in death; death not only as to merit, but also as to actual infliction. South.
*To HABILITATE. v. n. [habiliter, Fr.] To
No civil broils have fince his death arofe, But faction now by babit does obey;
And wars have that respect for his repose, " As winds for halcyons when they breed at sea. Dryden.
-The force of education is fo great, that we may mould the minds and manners of the young into what shape we pleafe, and give the impreffions of fuch babits, as thall ever afterwards remain. Atterbury.
(2.) HABIT, in philofophy, 1. def. 3, 4. See CUSTOM, § 1, 2. Cuftom and habit have fuch influence upon many of our feelings, by warping and varying them, that their operations demand the attention of all who would be acquainted with human nature. The fubject, however, is intricate. Some pleafures are fortified by cuftom: and yet cuftom begets familiarity, and confequentiy indifference. In many inftances, fatiety and difguft are the confequétices of reiteration: again, though cuftom blunts the edge of diftrefs and of pain, yet the want of any thing to which we have been long accuftomed is a fort of torture. Whatever be the caufe, it is certain we are much influenced by cuftom: it has an effect upon our pleafures, upon our actions, and even upon our HABINGTON, William, an English poet and thoughts and fentiments. Habit makes no figure foran, was the fon of Thomas Habington, Efq. during the vivacity of youth: in middle age it He was born in 1605, at Hendlip in Worcester gains ground; and in old age governs without ded in 1654, and left several MSS. in the hands ing, we eat at a certain hour, take exercise at a re; and educated at St Omers and Paris. He control. In that period of life, generally speak
n.f. [babilité, French.] Facul
ty: power: now ability.
der the title of Capura.
2. The queen of Arra
his tory. 4. The hiftory of Edward IV. king of Eng- of these cannot be controlled without uneasiness. gon, a tragi-comedy. 3. Obfervations upon Hif- ble, bed, comes to be effential; and a habit in any
the direction of habit: nay, a particular feat, ta
land, written in
at the defire of Charles
Any flight or moderate pleasure, frequently reiterated for a long time, forms a peculiar connection
any thing: as, babit of body. 2. Drefs; accoutre- This connection termed habit, has the effect to awa(1.) HABIT. n. f. [habitus, Lat.] 1. State of between us and the thing that causes the pleasure.
ken our defire for that thing when it returns not as ufual.