Book-bot.com - read famous books online for free

The Experiences of a Barrister, and Confessions of an Attorney by Samuel Warren
page 81 of 374 (21%)
at three o'clock: it is now more than half-past two, and I can be off on
my return by four at latest."

"A writ of habeas!" I exclaimed with astonishment. "Why, what end can
that answer? The lady will be remanded, and you and I shall be laughed at
for our pains."

This writ of _habeas corpus "ad subjiciendum,_" I had better explain to
the non-professional reader, is the great _prerogative_ writ, the
operation of which is sometimes suspended by the legislature during
political panics. It is grounded on the principle that the sovereign has
at all times a right to inquire, through the judges of the superior
courts, by what authority his or her subject is held in constraint. It
issues, as a matter of right, upon the filing of an affidavit, averring
that to the best of the belief of the deponent the individual sought to
be brought up is illegally confined; and it is of the essence of the
proceeding, that the person alleged to be suffering unlawful constraint
should actually be brought before the "queen herself;" that is, before
one or more of the judges of the court which has issued the writ, who, if
they find _the detention illegal_, the only question at issue upon this
writ may discharge or bail the party. It was quite obvious, therefore,
that in this case such a proceeding would be altogether futile, as the
detention in the house of her guardian, under the sanction, too, of the
lord chancellor, the _ex-officio_ custodier of all lunatics--of a ward of
alleged disordered intellect--was clearly legal, at least _prima facie_
so, and not to be disturbed under a _habeas ad sub_. at all events.

"Perhaps so," replied Ferret quite coolly in reply to my exclamation;
"but I am determined to try every means of releasing the unfortunate
young lady from the cruel thraldom in which she is held by that harridan
DigitalOcean Referral Badge