Legal remedy used to liberate a person from unlawful detention
De homine replegiando (literally "personal replevin") 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."[1]
It is the oldest common law freedom writ.[2]
- ^ Elkison v. Deliesseline, 8 F. Cas. 493 (US Court of Appeals August 1823) (""The writ de homine replegiando, having for its object the discharge of the prisoner on bail, with a view to try the question of the validity of the law under which he is held in confinement, is of common right, and may be issued as of course"").
- ^ Wise, Steven (2007). "The Entitlement of Chimpanzees to the Common Law Writs of Habeas Corpus and de Homine Replegiando". Golden Gate U. L. 37.