DE HOMINE REPLEGIANDO

de  homine  replegiando  (dee  hom-<<schwa>>-nee  ri-plee-jee-an-doh),  n.[Law  Latin  “for

replevying a man”] A writ to replevy a person out of jail or out of the custody of another person

after giving security that the replevied person will answer any charge.

“The writ de homine replegiando lies to replevy a man out of prison, or out of the custody of

any private person, (in the same manner that chattels taken in distress may be replevied …) upon

giving security to the sheriff that the man shall be forthcoming to answer any charge against him.

And, if the person be  conveyed  out of the sheriff’s jurisdiction, the sheriff  may return that  he  is

eloigned … upon which a process issues … to imprison the defendant himself, without bail … till

he produces the party. But this writ is guarded with so many exceptions, that it is not an effectual

remedy in numerous instances, especially where the crown is concerned.” 3 William Blackstone, D

Commentaries on the Laws of England 129 (1768). [Blacks Law 8th]