“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, Commentaries on the Laws of England 129 (1768).
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.
