De homine replegiando


De homine replegiando is a legal remedy used to liberate a person from unlawful detention on bail, "with a view to try the question of the validity of the law under which he is held in confinement." More broadly, the term can also apply to cases where a person is not imprisoned by the state, such as in the case of Mary Ellen Wilson.
It is the oldest common law ''freedom writ.''

Procedure

The writ is "of common right, and may be issued as of course." Once issued, a judicial order is directed to a sheriff or a deputy ordering the replevy of the prisoner in exchange for security that they will reappear for a proceeding challenging their detention.

Etymology

The French word replegiando or “revendication” is derived from the Latin word replegiare meaning "pledge back."