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CErtiorari is a Writ that lies where a man is impleaded in a base Court, that is of Re∣cord, and he purposes that he may not have equal Iustice there; then upon a Bill in the Chancery, comprising some matter of Conscience, he shall have this Writ to remove all the Record into the Chancery, there to be determined by Con∣science,
but if he prove not his Bill, then the other party shall have a Writ of Procedendo, to send again the Record into the base Court, and there to be de∣termined. And it lies in many other cases, to remove Records for the King, as Indictments and others.
This Writ is also granted out of the Court of Kings Bench or Common Pleas to re∣move any Action thither out of Inferior Courts of Record; and so the Plaintiff must de∣clare and proceed in the Su∣perior Court.
Also to certifie original writs or proceedings out of any Courts of Record into the Kings Bench, where nullum tale Recordum is pleaded.
Also upon Writs of Error of a Iudgment in the Common Pleas, each party may have this Writ to bring any of the Pro∣ceedings into the Kings Bench upon alledging Diminution, as appears, Coke Entr. 232, 233, 242. 2 Cro. 131, & 479.