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.

Shak.

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.
HAAREN, 2 towns of Germany, in Weftpha,

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,

The latter

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.

A

There

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

brought

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.
whereby the prisoner was discharged at the Old
Bailey. Other abufes had also crept into daily
practice, which had in fome meafure defeated the
benefit of this great conftitutional remedy. The
party imprisoning was at liberty to delay his obe-
dience to the first writ, and might wait till a ad.
and 3d. called an alias and a pluries, were iffued,
before he produced the party: and many other
vexatious fhifts were practised to detain ftate pri-
foners in cuftody. But whoever will attentively
confider the English hiftory, may obferve, that
the flagrant abufe of any power, by the crown or
its minifters, has always been productive of a ftrug-Jersey and Guernsey. 9. That no inhabitant of
gle; which either discovers the exercife of that
power to be contrary to law, or (if legal) reftrains
it for the future. This was the cafe in the pre-
fent inftance. The oppreffion of an obfcure indi-
vidual gave birth to the famous babeas corpus act,
31 Car. II. c. 2. which is frequently confidered as
another MAGNA CHARTA of the kingdom; and by
confequence has alfo in fubfequent times reduced
the method of proceeding on thefe writs (though
not within the reach of that ftatute, but iffuing
merely at the common law) to the true ftandard
of law and liberty. (See ENGLAND, 7.) The
ftatute itself enacts, 1. That the writ thall be re-
turned and the prisoner brought up, within a li-
mited time according to the distance, not exceed
ing in any cafe 20 days. 2. That fuch writs fhall
be endorfed, as granted in purfuance of this act,
and figned by the perfon awarding them. 3. That
on complaint and requeft in writing, by or on be-
half of any perfon committed and charged with
any crime, (uniefs committed for treafon or felony
expreffed in the warrant, or for fufpicion of the
fame, or as acceffary thereto before the fact, or
convicted or charged in execution by legal procefs),
the lord chancellor, or any of the 12 judges in va
cation, upon viewing a copy of the warrant, or
affidavit that a copy is denied, fhall (unless the
party has neglected for two terms to apply to any
court for his enlargement) award a babeas corpus
for fuch prifoner, returnable immediatel. before
himfelf or any other of the judges; and upon the
return made fhall difcharge the party, if bailable,
upon giving fecurity to appear and anfwer to the
accufation in the proper court of judicature. 4.
That officers and keepers, neglecting to make due
returns, or not delivering to the prifoner or his a-
gent within fix hours after, demand a copy of the
warrant of commitment, or flifting the cuftody
of a prifoner from one to another without fuffi-
cient reafon or authority, (fpecified in the act,)
fhall for the first offence forfeit 100l. and for the
zd. 2001. to the party grieved, and be difabled to
hold his office. 5. That no perfon, once deliver-
ed by habeas corpus, fhall be recommitted for the
fame offence, on penalty of 500l. 6. That every
perfon committed for treafon or felony fhall, it he
requires it the first week of the next term, or the
fut day of the next feffion of over and terminer,
be indicted in that term or feffion, or elfe admit-
ted to bail; unless the king's witneffes cannot be
produced at that time: and if acquitted, or if not
indicted and tried in the ad. term or feffion, he
shall be ditcharged from his imprisonment for fach
Imputed offence: but that no puifon, after the

affifes fhall be opened for the county in which he
is detained, fhall be removed by habeas corpus, till
after the affifes are ended; but shall be left to the
juftice of the judges of affife. 7. That any fuch
prifoner may move for and obtain his babeas cor-
pus, 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 fame,
on fight of the warrant, or oath that the fame is
refufed, forfeit feverally to the party grieved the
fum of 500l. 8. That the writ of habeas corpus
fhall run into the counties palatine, cinque ports,
and other privileged places, and the islands of
England (except perfons contracting, or convicts
praying to be transported; or having committed
fome capital offence in the place to which they are
fent) thall be fent prifoner to Scotland, Ireland,
jerley, Guernsey, or any places beyond the feas,
within or without the king's dominions: on pain
that the party committing, his adyfers, aiders,
and affiftants, fhall forfeit to the party grieved a
fum not lefs than 500l. to be recovered with treble
cots; fhall be difabled to bear any office of truft
or profit; shall incur the penalties of pramunire ;
and thall be incapable of the king's pardon. This
is the fubftance of that great and important fta-
tute: which extends only to the cafe of commit–
ments for fuch criminal charge, as can produce nʊ
inconvenience to public juftice by a temporary en-
largement of the prifoner; all other cafes of un-
juft iniprifonment being left to the babeas corpus
at common law. But even upon writs at the
common law, it is now expected by the court,
agreeable to ancient precedents and the spirit of
the act of parliament, that the writ fhould be im-
mediately obeyed, without waiting for any alius
or pluries; otherwife an attachment will ifue. By
which admirable regulations, judicial as well as
parliamentary, the reinedy is now complete for
removing the injury of unjust and illegal confire-
ment. A remedy the more neceffary, because the
oppreffion does not always arife from the ill nature,
but fometimes from the mere inattention, of go-
vernment. For it frequently happens in foreign
countries (and has happened in England during
the temporary fufpenfions of the flatute), that
perfons apprehended upon fufpicion have suffered
a long imprisonment, merely becaufe they were
forgotten.

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.

I fhifted

-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.

Fairy Queen.
My riches are thefe poor habiliments,
Of which if you thould here disfurnish me,
You take the fum and fubftance that I have. Shak.
-The clergy should content themselves with
Wearing gowns and other babiliments of Irish dra-
pery. Savift.

*To HABILITATE. v. n. [habiliter, Fr.] To
quality to entitle. Not in ufe.-Divers perfons
In the bonfe of commons were attainted, and
thereby not legal, nor babilitate to ferve in parlia-
ent, being dilabled in the highest degree. Bacon.
HABILITATION.
n. f. [from habilitate.]
alfication. The things are but habilitations
towards arms; and what is habilitation without
ication and a&t? Bacon.
*HABILITY.

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

a

very

at the defire of Charles

I.
florid ftyle, and publifhed

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.

ment; garment.

ken our defire for that thing when it returns not as ufual.