case JONSS case the court of common plea may grant a writ of habeas corpus  though in a criminal case S C Mod prac Reg off Br Andrews burr Tidds practice  see Bac Abr Jones be commit to new prison by a warrant from a justice of the  peace on the statute of the car c and the car c for refuse to give security  for his good behaviour be have be instrumental in the escape of a preacher of  a conventicle open contrary to those statute Maynard sergeant move the court  for a habeas corpus ad subjiciend but north chief justice doubt whether the  court of common plea can grant this writ in a criminal case there be he say  three sort of habeas corpus in this court first a habeas corpus ad to answer  and that be when a man have a cause of suit against one that be in prison he  may bring he up hither by habeas corpus and charge he with a declaration at  his own suit second there be a habeas co put ad faciendum el reci iendum and  that defendant may have that be sue in court below to remove their cause  before we both these habeas corpus be with relation to the suit proper belong  to the court of commonplea so if a inferior court will proceed against the law  in a thina of which we have conusance and commit a mail we may discharge he  upon a habeas corpus this be still with relation to the commonplea a three  sort of habeas co put be for privilege person but a habeas corpus ad  subjiciend be not warrant by any precedent that I have see a the writ be grant  and the prisoner bring into court but he be remand because the court will not  take surety for his good behaviour but now by the habeas corpus Act car c any  of the superior court in term time and any judge of any of those court in  vacation time may award a habeas corpus to any prisoner whatsoever a the  twentyninth of Charles the second in the common plea sir Francis north Knt  chief justice sir Robert Atkins Kilt sir Hugh Wyndham Knt sir William Scroggs  Knt justice sir William Jones Kilt attorney general sir Francis Mannington  Kilt solicitorgeneral