WRIT1, practice. A mandatory2 precept3 issued by the authority, and in the name of the sovereign or the state, for the purpose of compelling the defendant4 to do something therein mentioned.
2. It is issued by a court or other competent jurisdiction5, and is return-able to the same. It is to be under seal and tested by the proper officer, and is directed to the sheriff, or other officer lawfully6 authorized7 to execute the same. Writs8 are divided into, 1. Original. 2. Of mesne process. 3. Of execution. Vide 3 Bl. Com. 273; 1 Tidd, Pr. 93; Gould on Pl. c. 2, s. 1. There are several kinds of writs, some of which are mentioned below.
WRIT DE BONO ET MALO. An ancient writ which was issued in the case of each prisoner, instead of a general commission of general jail delivery for all the prisoners. This writ has not been used for a very long time, and is obsolete9. 4 Bl. Com. 210.
WRIT OF CONSPIRACY10. The name of an ancient writ, now superseded11 by the more convenient remedy of an action on the case, which might have been sued against parties guilty of a conspiracy. F. N. B. 260. See Conspiracy.
WRIT OF DECEIT. The name of a writ which lies where one man has done anything in the name of another, by which the latter is damnified and deceived. F. N. B. 217.
2. The modern practice is to sue a writ of trespass12 on the case to remedy the injury. See Deceit.
WRIT DE EJECTIONE FIRMAE. A writ of ejectment. Vide Ejectment, and 3 Bl. Com. 199.
WRIT DE HAERETICO COMBURENDO, Engl. law. The name of a writ formerly13 issued by the secular14 courts, when a man was turned over to them by the ecclesiastical tribunals, after having been condemned15 for heresy16.
2. It was founded on the statute17 2 Hen. IV. c. 15; it was first used, A. D. 1401, and as late as the year 1611. By virtue18 of this writ, the unhappy man against whom it was issued, was burned to death. See 12 Co. R. 92.
WRIT DE HOMINE RELEGIANDO, practice. A writ which lies to replevy a man out of prison, or out of the custody19 of any private person, in the same manner in which cattle taken in distress20 may be replevied, upon giving security to the sheriff that the man shall be forthcoming to answer to any charge against him.
2. This writ is almost entirely21 superseded by the more effectual writ of habeas corpus. 3 Bl. Com. 129; Com. Dig. Imprisonment22, L 4; Lord Raym. 613; F. N. B. 66; 1 Atk. 633; 14 Vin. Ab. 305; Dane's Ab. h. t.; 7 Com. Dig. 271; 5 Binn. R. 304; 1 John. R. 23; 14 John. R. 263 2 Cain. C. Err23. 322.
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