case NAILORS case a person in custody on a ne exeat kingdom may be bring into  the court of king bench by habeas corpus and charge with a action S c ld ray S  c holt Nailor be a prisoner in the counter for want of bail and a ne exeat  kingdom direct out of chancery to the sheriff of London to hold he to security  not to leave the kingdom without licence and a habeas corpus be move for in  order to charge he with a action in this court Brotherick object that he can  not be turn over to the marshal for then the sheriff of London can modern  report not obey the mandate of the ne exeat kingdom videlicet to detain in  custody till he find surety c and he say the suggestion of that writ be that  the party have some ill design against the government and be not traversable  and to prevent his execute such design be the end of the writ and some of they  mention a sum certain that he be to find security in other leave that matter  to the sheriff who upon default of such surety be to carry he to the common  gaol of the county there to be safe keep till he voluntary give such security  and this be to be certify by the sheriff into chancery and there be no way to  discharge this but by a passport under the great or privy seal or privy signet  holt chief justice suppose he have be in the sheriff custody by a writ of this  court at the time of the ine exeat kingdom come to he as you will have it he  can be remove out of his custody so that the writ will be a kind of a  sanctuary to he it be true if the sheriff take the security he ought to  certify it into chancery and it be true it be out of the sheriff power by the  removal to detain he or take security but we may keep he in our custody till  he find security and so there will be no mischief but if we take it we may  keep it here and here the writ have no sum certain and this writ be not a  action as a a human being replegiando and all the sheriff in England be  officer to this court and it be very extraordinary when one be in prison for  want of bail to charge he with a ne exeat kingdom and it look like a trick to  prevent a habeas corpus but the habeas corpus be grant