A Dictionary of British and Irish History

H

HABEAS CORPUS

A Latin phrase which usually refers to the WRIT (written order) known as habeas corpus ad subjiciendum (‘that you have the body for submitting’), though other habeas corpus writs existed. From the later 15th century it was used to test the legality of someone’s detention. During the FIVE KNIGHTS’ CASE (1627), one of the detained found that the writ was nullified because he had been imprisoned by the king’s command. Parliament complained about such prerogative power in the PETITION OF RIGHT (1628), and in 1641 legislated for a right to the writ even when detention had been ordered by the king or PRIVY COUNCIL (Habeas Corpus Act).

The Habeas Corpus Act of 1679 made access to the writ easier for persons imprisoned on criminal charges and extended it to Wales, BERWICK‐UPON‐TWEED, Jersey and Guernsey (see CHANNEL ISLANDS). It was made available for non‐criminal matters in 1816 and also applied to the Isle of MAN. The writ was sometimes issued into Ireland, and the 1679 Act was effectively replicated by the Irish Parliament in 1781–2. Habeas corpus did not exist in Scotland, but from 1701 means were developed for prevention of unlawful detention. In 1998 the HUMAN RIGHTS ACT, applicable throughout the UK, also provided an entitlement to take legal action concerning the lawfulness of detention.

HABSBURG EMPIRE, ENGLISH AND BRITISH RELATIONS WITH

From the 16th to the 19th century, common hostility to FRANCE often resulted in co‐operation. Emperor Charles V, who ...