Editing Habeas corpus (section)

==Etymology==
The phrase is from the Latin {{lang|la|habeās}}, second person singular present [[subjunctive mood|subjunctive]] active of {{lang|la|habēre}} "to have", "to hold"; and {{lang|la|corpus}}, accusative singular of {{lang|la|corpus}} "body". In reference to more than one person, the phrase is {{lang|la|habeas corpora}}.

Literally, the phrase means "[we command] that you should have the [detainee's] body [brought to court]"; that is, that the detainee be brought to court in person. The complete phrase {{lang|la|habeas corpus [coram nobis] ad subjiciendum}} means "that you have the person [before us] for the purpose of subjecting (the case to examination)". Those are the words of writs included in a 14th-century Anglo-French document requiring a person be brought before a court or judge—especially to determine whether the person is being detained legally.<ref>{{cite web |title=habeas corpus |url=http://www.etymonline.com/index.php?term=habeas%20corpus |website=Online Etymology Dictionary |access-date=17 February 2013}}</ref>

{{verse translation|lang1=la|Praecipimus tibi quod '''corpus''' A.B. in prisona nostra sub custodia tua detentum, ut dicitur, una cum die et causa captionis et detentionis suae, quocumque nomine praedictus A.B. censeatur in eadem, '''habeas''' coram nobis ... ad subjiciendum et recipiendum ea quae curia nostra de eo adtunc et ibidem ordinare contigerit in hac parte. Et hoc nullatenus omittatis periculo incumbente. Et habeas ibi hoc breve.<ref name=Hurd1858>{{cite book |first=Rollin Carlos |last=Hurd |year=1858 |title=Treatise on the Right of Personal Liberty, and on the Writ of Habeas Corpus and the Practice Connected with it: With a view of the Law of Extradition of Fugitives |volume=3 |page=232 |publisher=W. C. Little and Company}}</ref>
|We command you, that the '''body''' of A.B. in our prison under your custody detained, as it is said, together with the day and cause of his taking and detention, by whatever name the said A.B. may be known therein, '''you have''' at our Court ... to undergo and to receive that which our Court shall then and there consider and order in that behalf. Hereof in no way fail, at your peril. And have you then there this writ.<ref name=Hurd1858/>}}

===Examples===
====England and Wales====
{{blockquote|[[Queen Victoria|Victoria]] by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith,

To J.K., Keeper of our Gaol, in the Island of [[Jersey]], and to J.C. Viscount of said Island, Greeting.

We command you that you have the body of C.C.W. detained in our prison under your custody, as it is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called or known, in our Court before us, at [[Palace of Westminster|Westminster]], on the 18th day of January next, to undergo and receive all and singular such matters and things which our said Court shall then and there consider of in this behalf; and have there then this Writ.<ref>{{cite book |title=Introduction to the Study of the Law of the Constitution (1915)|first=Albert Venn|last=Dicey |year=1889|url=https://archive.org/details/introductiontos04dicegoog}}</ref>}}

====United States====
{{blockquote|The United States of America

Second Judicial Circuit ss.:

[[United States District Court for the Southern District of New York|Southern District of New York]]

We command you that the body of [[Charles L. Craig]], in your custody detained, as it is said, together with the day and cause of his caption and detention, you safely have before Honorable [[Martin Manton|Martin T. Manton]], United States Circuit Judge for the Second Judicial Circuit, within the circuit and district aforesaid, to do and receive all and singular those things which the said judge shall then and there consider of him in this behalf; and have you then and there this writ.<ref>''Craig v. Hecht'', {{ussc|263|255|1923}}.</ref>}}

{{anchor|habeas corpus cum causa|Habeas corpus ad deliberandum et recipiendum|Habeas corpus ad faciendum et recipiendum|Habeas corpus ad prosequendum|Habeas corpus ad respondendum|Habeas corpus ad testificandum}}

===Similarly named writs===
The full name of the writ is often used to distinguish it from similar ancient writs, also named {{lang|la|habeas corpus}}. These include:
* {{lang|la|Habeas corpus ad deliberandum et recipiendum}}: a writ for bringing an accused from a different county into a court in the place where a crime had been committed for purposes of trial, or more literally to return holding the body for purposes of "deliberation and receipt" of a decision ("[[extradition]]").
* {{lang|la|Habeas corpus ad faciendum et recipiendum}} (also called {{lang|la|habeas corpus cum causa}}): a writ of a superior court to a custodian to return with the body being held by the order of a lower court "with reasons", for the purpose of "receiving" the decision of the superior court and of "doing" what it ordered.
* {{lang|la|Habeas corpus ad prosequendum}}: a writ ordering return with a prisoner for the purpose of "prosecuting" him before the court.
* {{lang|la|Habeas corpus ad respondendum}}: a writ ordering return to allow the prisoner to "answer" to new proceedings before the court.
* {{lang|la|Habeas corpus ad testificandum}}: a writ ordering return with the body of a prisoner for the purposes of "testifying".