HABEAS. 
That ever}' person committing treason 
or felony, shall, if he require it, the first 
week of the next term, or the first day of 
the sessions of oyer and terminer, be in- 
dicted in that term or session, or else be 
admitted to bail, unless the king’s wit- 
nesses cannot be produced at that time ; 
and if acquitted, or if not indicted and 
tried in the second term or session, he shall 
be discharged from his imprisonment for 
such imputed offence ; but no person, after 
the assize shall be open for the county in 
which he is detained, shall be removed by 
habeas corpus till after the assizes are 
ended, but shall be left to the justice of 
the judges of assize. That any such pri- 
soner may move for and obtain his habeas 
corpus, as well out of the Chancery or Ex- 
chequer, as out of the King’s Bench or 
Common Pleas ; and the Lord Chancellor, 
or judges denying the same on sight of the 
warrant, or oath that the same is refused, 
shall forfeit severally to the party grieved, 
the sum of five hundred pounds. That this 
writ of habeas corpus, shall run into the 
counties palatine, cinque ports, and Other 
privileged places, and the islands of Jer- 
sey, Guernsey, &c. That no inhabitants 
of England (except persons contracting, 
or convicts praying to be transported, or 
having committed some capital offence in 
the place to which they are sent) shall be 
sent prisoners to Scotland, Ireland, Jersey, 
Guernsey, or any places beyond tne seas, 
within or w ithout the King’s dominions, on 
pain that the party committing, his ad- 
visers, aiders, and assistants, shall forfeit to 
the party grieved a sum not less than five 
hundred pounds, to be recovered with treble 
costs, shall be disabled to bear any office 
of trust or profit, shall incur the penalties 
of premunire, and shall be incapable of the 
King’s pardon. 
The writ of habeas corpus being an high 
prerogative writ, issues out of the King’s 
Bench or Common Pleas, not only in term, 
but in vacation, by a fiat from the chief 
justice, or any other judge ; and runs into 
all parts of the King’s dominions. If it 
issues in vacation, it is usually returnable 
before the judge himself who awarded it, 
and he proceeds by himself thereon, unless 
the term should intervene, when it may be 
returned in court. 
To obtain this writ, application must be 
made to the court by motion, as in the case 
of all other prerogative writs. This writ 
may also be obtained to remove every 
unjust restraint or personal freedom in 
private life, though imposed by an husband, 
or a father; but when women or infants 
are brought up by habeas corpus, th,e 
court will set them free from an unmerit- 
ed or unreasonable confinement, and will 
leave them at liberty to choose where they 
will go. 
The habeas corpus ad subjiciendum is a 
prerogative writ, and also, in regard to the 
subject, is his writ of right, to which he is 
entitled to ex debito jusi idee, being in nature 
of writ of error to examine the legality of 
the commitment, and commanding the day, 
the caption, and cause of detention to be 
returned. 
The habeas corpus ad faciendum et recipi- 
endum issues only in civil cases, and lies 
where a person is sued, and in gaol, in some 
inferior jurisdiction, and is willing to have 
the cause determined in some superior court ; 
in this case the body is to be removed by 
habeas corpus, but the proceedings must be 
removed by certiorari. This writ suspends 
the power of the court below; so that if it 
proceeds after, the proceedings are void, 
and deemed coram non judice. The pro- 
ceedings in the inferior court are, in fact, at 
an end; for the person of the defendant 
being removed to the superior court, they 
have lost their jurisdiction over him, and all 
the proceedings in the superior court are de 
novo, so that bail de novo must be put in, in 
the superior court. / 
Habeas corpus ad respondendum is where 
a man hath a cause of action against one 
who is confined by the process of some in- 
ferior court; in which case, this writ is 
granted to remove the prisoner to answer 
this new action in the court above, which is 
often done to remove a prisoner from the 
prison of the Fleet into the King’s Bench, 
and vice versa. 
Habeas corpus ad deliberandum , et recipi- 
endum, is a writ which lies to remove a per- 
son to the proper place or county where he 
committed some criminal offence. 
Habeas corpus ad satisfaciendum lies after 
a judgment, when the party wishes to bring 
up a prisoner to charge him in execution in 
the inferior court. 
Habeas corpus, upon a cepi lies where the 
party is taken in execution in the court be 
low. 
Habeas corpus ad testificandum lies to 
remove a person in confinement, in order to 
give his testimony in a cause depending. 
These are all writs, in civil cases, to bring 
the party into court for a special purpose, 
and are mere ordinary processes ; but 
