in law, is a writ of two kinds; the one being the great writ of the English liberty, which lies where a person is indicted for any crime or trespass before justices of the peace, or in a court of any franchise, and on being imprisoned has offered sufficient bail, which has been refused, though the case be bailable; in which case he may have this writ out of the king's bench, in order to remove himself thither, to answer the cause at the bar of that court.

The practice in this case is, first to procure a warrant out of the court of chancery, directed to all the justices for removing the indictment into the king's bench; and upon that to obtain this writ, directed to the sheriff, for causing the body of the party to be brought at a certain day.

The other kind of habeas corpus is used for bringing the body of a person into court, who is committed to any goal or prison, either in civil or criminal causes; which writ will remove the person and cause from one court and prison to another.

No habeas corpus, or other writ, to remove a cause from from out of an inferior court, can be allowed, if the same be not delivered to the judge of the court, before the jury who are to try the cause have appeared, and before any of them are sworn, 43 Eliz. c. 5.

The habeas corpus act, 31 Car. II. c. 2. has ordained, that a person may have a habeas corpus from any judge, on complaint made and view of the warrant of commitment, (except such person is committed for treason or felony expressed in the warrant, or some other offence that is not bailable) which habeas corpus must be made returnable immediately; and on producing a certificate of the cause of commitment, the prisoner is to be discharged on bail given to appear in the court of king's bench the next term, or next assizes, &c. Persons committed, for either treason or felony, expressly mentioned in the warrant, upon a motion made in open court, in the first week of the term, or day of sessions, &c. after commitment, are to be brought to trial; and if they are not indicted the next term or sessions after commitment, on a motion made the last day of that term, they shall be let out upon bail, except it appear on oath, that the king's witnesses are not ready; and in case they are not indicted or tried the second term after commitment, they shall be discharged.

Judges denying a habeas corpus, shall forfeit 500l. and if an officer refuse to obey it, or to deliver a true copy of the commitment-warrant, he forfeits 100l. for the first offence.