HAB 
the’ judge of an inferior court of record is a barrifter of 
three years ftanding, no caufe fhall be removed from thence 
by habeas corpus or other writ, after iffue or demurrer deli- 
~ berately joined: that no caufe, if once remanded to the in- 
ferior court by writ of pracedendo or otherwife, fhall ever af- 
terwards be again temoved ; and that no caufe fhall be re- 
moved at all, if the debt or aes laid in the declaration 
do not amount to the fum of five 
may be at =) the fame gen to a 
by ftatute 19 Geo. IIT 
peed to, and receive the award of the cota or court. 
Trials, viii. 142.) This is a high prerogative writ, iffuin 
by the common law out of the court of king's beach, not 
only in term time, but alfo during the vacation, by a fat 
from the chief jultice, or any other of the judges, aud run- 
pres ened all parts of the king’s dominions ; for the king is 
times entitled to have an accouct, why the liberty of 
any of his Medic is reftrained (Cro. Jac. 543.), wherever 
Sea ras a it iffues in dace it is 
an habeas corpus ad fubjiciendum might alfo by common law 
been ded from thence (2 rite 4 Init. 290, 
.P.C. 144. 2 Ventr. 24.); and if the caufe of i 
fonment were palp: gal, might have difcharged 
im (Vaugh, 155-)3 but if he were committed for any 
¢ ter, | only have remanded 
ing’s benc 
co-ordinate in this ei es by ftatute 1 es 10, it 
on egg hold fuer of the kingdom is 
y_ entitled to tas be beneit of the common law writ, in 
seni thefe courts, at 2 Mod. | 
Cafe. C. 'B. Hil. 11 Geo. nt) I iC haah dis hoe te 
y very re ble authorities (4 Inft. 182. 2 Hal. P. C. 
ee the like babar pains te aac Be aster 
uancery in no precedent could be found. 
applet to lord Notigia by Jenks, 
mon pleas it 
ap for it b mation tothe court ( Mod. 
a te aig eps ay 
(half @ 
HAB 
party is impr oees w ie jut sale Ss Inft. 615. ye “ vetit 
of habeas then a writ of right, which y not 
be denied, at aah 4 e Ba to every man won is 
committed to prifon, or detained there, or otherwife re. 
ftrained, though it be by the emg poe of the king, the 
privy-couneil or any other."? Com. Journ. 1 April, 1628, 
The writ of habeas ns was otieanallt ‘ordained by the 
common ee of the land, as a remed r for {Deh as were une 
te 
cordingly, by the petition of ra 3 Car. L it is 
oned or detained, sitio 
caufe 
law. And by1 
fhall, upon d 
corpus, to bring his body befo 
ore the court of king’s bench 
or common pleas; who fhall 
determine whether the caufe of 
his commitment be juft, and thereupon do as to juftice. fhall 
ke The re of obtaining this are farther 
ut and enforced by 31 Car. II. cap, See the 
paet 
next 
which {i I 
ind infer of Englith liberty. 
portant as is comprifed in the following particulars; 
wis re That writ of habeas corpus fhall be returned, 
the eles relies up within a limited time, ac accords 
ng to the eer not exceeding in any cafe twenty days. 
at fuch w all be endorfed as granted in purlu- 
ance of ig att, at figped by the. perfon eee. ‘hem. 
ced at 2 comp requeft in writing by. Ea on: be« 
Pics erfon Samia and charged with any crime 
unlefs committed for treafon or felony, expreled in. the 
as 
or ying that a grag: is *acnied: fhall 
neglected for two terms to apply to 2 court 
ment) award a habeas corpus for fuch prifoner, 
able immediately before himfelf or any pe of the fees 
and upon the return made fhall difcharge the party, if we 
able, upon giving fecurity to sppeet Ta wer to the apres 
fation in the proper court of judicature. 4. 1 
and keepers neglecting t e urns, or not | 
ing to the prifoner c+ his agent, within fix hours after dee 
t, or 
on or authority (fpecified in the aét), fhall for the 
firft offence forfeit 1oo/, and for the. fecond offence 200k 
to. his offices 
committe: 
nieve 
rm tted to bail ; es 
king's witneffes caiunot be produced at that ig 3 and. tt 3 ia 
if not indicted and tried in the fe 
removed by h 
