III.   Instruction

A Writ of Habeus Corpus, also known as De Habeus Corpus, is a form of peremptory precept and ecclesiastical indulgence issued under proper Sovereign Authority of a Juridic Person for a prisoner to be brought before a particular forum of law and competent judicial authority in order to determine if their continued detention is valid or unlawful.

Habeas Corpus is a Latin phrase meaning “(by what claim) do you have (keep) the body?” and originates under the reforms introduced by King Henry VIII in the 16th Century against both the arbitrary detention or detention and abuse of individuals by various nobles, officials and bodies without due cause or process:

(i) Habeas Corpus historically provided enforceable rights to nobles against other nobles or officials that seized people under their jurisdiction as a “property dispute”. Hence, the very definition of Habeas Corpus as “(by what claim) do you have (keep) the body?”; and

(ii) Under Roman and Western Law, one noble could hold the servants of another as penalty, payment or bond for some injury. However, if such claim was unsubstantiated, or if the servant was not subject to the jurisdiction of the custodian, then a Habeas Corpus would be granted by the Sovereign an a party sent to the keep of the custodian to demand the prisoner be immediately produced; and

(iii) The other ancient protection afforded by Habeas Corpus was protection of the body itself. While the alleged crime may have placed the servant in the hands of another to serve some sentence, it was expected at the end of their sentence they would be returned to their original master. In contrast, the abuse, ill treatment, torture or even execution of a prisoner amounted to “property damage”, which the other noble could then pursue for damages, even if it was the court of the king.

(iv) Many Habeas Corpus petitions remain based on erroneous questions of human rights and detention as opposed to property rights and the obligations of the keeper of the property to take good care of it for the duration of the sentence. For example, corporations are absolutely forbidden to destroy the property of another estate. Such action constitutes a fundamental breach of all Western and Roman Law- that if permitted to continue once exposed for what it is then represents a historic public admission of the collapse of the Rule of Law and the advent of criminal anarchy; and

(v) When a corporation holds the property of another estate in its custody and fails to properly maintain it, protect it, or even threatening to destroy it, such actions immediately by the very core of all Western Law for the past six hundred years renders the claim for custody null and void, against the claim of damages by the original estate owner.