RUM (Lat. that you have the bodies). In English Practice. A writ issued out of the common pleas, commanding the sheriff to compel the appearance of a jury in a cause between the parties. It answered the same purpose as a distringas juratores in the king's bench. See 3 Bla. Com. 354. It is abolished by the Common-law Pro- cedure Act. HABEAS CORPUS (Lat. that you have the body). A writ directed to the person detaining another and commanding him to produce the body of the prisoner at a certain time and place, with the day and cause of his caption and detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf. Habeas Corpus is an appropriate proceeding for determining whether one held under an extradition war- rant is a fugitive from justice; and he should be discharged if he shows by competent evidence, overcoming the presumption of a properly issued warrant, that he is not a fugitive from the demanding State. 207 U. S. 100. Although the power exists and will be exercised in cases of great importance and urgency, a Federal court or a Federal judge will not ordinarily interfere by habeas corpus with the regular course of the procedure under state authority, but will leave the petitioner to exhaust the remedies afforded by the State for determining whether he is legally restrained of his liberty, and then to bring his case to this court by writ of error under § 709, Rev. Stat. 205 U. S. 178. This is the most famous writ in the law; and, hav- ing for many centuries been employed to remove Illegal restraint upon personal liberty, no matter by what power imposed, it is often called the of liberty. It takes its name from the characteristic words it contained when the process and records of the English courts were written in Latin: great writ Præcipimus tibi quod CORPUS A B in custodia ves- tra detentum, ut dicitur, una cum causa captionis et detentionis suce, quocunque nomine idem A B censeatur in eadem, HABEAS coram nobis apud Westm. &c. ad subjiciendum et recipiendum ea quæ curia nostra de eo ad tunc et ibidem ordinari con- tigerit in hac parte, etc: There were several other writs which contained the words habeas corpus; but they were distin- guished from this and from one another by the specífic terms declaring the object of the writ, which terms are still retained in the nomenclature of writs: as, habeas corpus ad respondendum, ad testifican- dum, ad satisfaciendum, ad prosequendum, and ad faciendum et recipiendum, ad deliberandum et re- cipiendum. This writ was in like manner designated as habeas corpus ad subjiciendum et recipiendum; but, hav- Ing acquired in public esteem a marked importance by reason of the nobler uses to which it has been de- voted, it has so far appropriated the generic term to itself that it is now, by way of eminence, com- monly called The Writ of Habeas Corpus. The date of its origin cannot now be ascertained. Traces of its existence are found in the Year Book 48 Ed. III. 22; and it appears to have been familiar to, and well understood by, the judges in the reign of Henry VI. In its early history it appears to have been used as a means of relief from private restraint. The earliest precedents where it was used against the crown are in the reign of Henry VII. Afterwards the use of it became more frequent, and in the time of Charles I. it was held an admitted constitutional remedy; Hurd, Hab. Corp. 145; Church, Hab. Corp. 8. In writing of procedure in the thirteenth century the recent work which throws so much new light upon the early history of English law, says: "Those famous words habeas corpus are making their way into divers writs, but for any habitual use of them for the purpose of investigating the cause of impris- onment we must wait until a later time." There is also a reference to what is termed the use of habeas corpus as "at one time a part of the ordinary mesne process in a personal action," also referred to as "the Bractonian process which inserts a habeas cor- pus between attachment and distress," which (ha- beas corpus) a little later seems to disappear. No other allusion is made to the subject; 2 Poll. & Maitl. 584, 591. A still later writer who is as earnest in tracing the fountains of English law to a Roman source, as the writers last quoted are indisposed to do so, says on the subject: "The presence in the Pandects of every important doctrine of habeas corpus is an interesting fact, and suggests that the proceeding probably came to England, as it did to Spain, from the Roman law. There is no evidence, so far as I have been able to discover, that the process was of British or Teutonic origin. It is fully described in the forty-third book of the Pandects. The first text is the line from the Perpetual Edicts, ait prætor: quem liberum dolo malo retines, exhibeas. The prætor declares: produce the freeman whom you unlawfully detain. The writ was called the interdict or order'de homine libero exhibendo. After quoting