The body of the common law of England as it stood in force before it was altered by statute, or acts of Parliament, or state. Together with an exact collection of such statutes, as have altered, or do otherwise concern the same. Whereunto is also annexed certain tables containing a summary of the whole law, for the help and delight of such students as affect method. By Edm. Wingate of Grayes-Inne Esq;

CHAP. 38. Improper Original processe Commandatorie.

I. THus far of proper original writs, which begin a•• Action, besides which, there are certain other ••¦riginals out of the Chancery, which are not de¦ductory to bring any matter into plea or solemn action but only commandatory or prohibitory to do, or to lea•••• something undone.

II. Upon these writs no processe lieth, and therefore they may be termed Improper Originals.

III. The Commandatory writs of this nature an•• these that follow.

IV. De Dote assignanda, which is for the wife of the Kings tenant, when the King is entitled, by office, 〈◊〉〈◊〉 land, where she is dowable.

V. This writ is alwayes directed to the Escheator, an•• may be either to deliver her such part of her land, as i•• already assigned to her in the Chancery for her dower•• or for the Escheator himself to assign her part unto her

VI If her husband held in cheif; then she must first take an oath in the Chancery not to marry without the Kings license.

VII. De Homagio capiendo, which is for the tenant by Homage Ancestrel to compel the Lord to receive his homage.

VIII. De scutagio habendo, for the Lord to have Es∣cuage of his tenants by Knights-service, when the same is due upon a Voyage Royal, &c.

IX. De auxilio ad filium suum militem faciendum & filiam maritandam, for the Lord to have such aid of his tenants where it is due.

X. De Corodio habendo, to have a Corodie for his ser∣vant.

XI. De annua pensione habenda, to have a pension granted to his Chaplain, until he be promoted to a be∣nefice.

XII. De libertatibus all ocandis, for one single person, or bodie corporate in pleaded before the Kings Justices, to have the liberties formerly grante•• unto them, to be allowed:

XIII. De executione judicii, to have a judgment executed: and this is a Justicies.

XIV. De restitutione temporalium, where the tempo∣ralties before seized into the Kings hands are to be re∣stored to a Prior, or Bishop elect and consecrate.

XV. De securitate pacis, for him that is in fear of cor∣poral hurt, or of the burning of his houses, to be secured of peace in that behalf, against the party; whom he fear¦eth, where a corporal oath must be taken by him, that standeth so in fear.

XVI. De vi laica removenda, to remove all Lay-force in any Church.

XVII. Of cleansing streets, to have the wayes, streets, and lanes of a Town corporate to be made clean when they be apt to cause infection by their nastinesse and stench,

XVIII De lepros•• amovendo, to remove a Leper or Lazer (that will come abroad) from the company of men to some solitary place of abode.

XIX De excommunicato capiendo upon a significa∣vit, viz. the Ordinaries certificate i••to the Chancery, that one excommunicate standeth out 40 dayes, to im∣prison him, until he satisfie holy Church: And this writ also is a Justicies.

XX. De excommmunicato deliberando, to deliver him out of prison, when the Church is satisfied.

XXI De cautione admittend••, when one taken by an excummunicato capiendo offereth sufficient pledge or caution to obey holy Church, which is refused, to have that caution addmitted, and to be delivered.

XXII. De heretico combu••endo, to cause one convi∣cted for an heretique to be burnt.

XXIII. De coronatore eligendo, to choose a Coro∣ner in full County by the free-holders of the County.

XXIV. De coronatore exonerando, to discharge a Coroner of his Office upon just cause.

XXV. This writ is directed to the Coroner himself▪

XXVI. De electione viridariorum Forestae, to chuse a Verdor of the Forest.

XXVII. De ••exoneraeado viridario Forestae, to dis∣charge a Verdor of the Forest.

XXVIII. Conge d'eslire, to Dean and Chapter (o•• such like) to chuse their Bishop.

XXIX. A writ for the Royall assent to signifie to the Ordinary his assent to the election of an Abbot, &c and to will him to execute that which belongeth unt•• him.

XXX. This is alwayes directed to the Ordinan•••• himself.

XXXI De securitate invenienda, quod non se ••••¦vertat in partes exteras sine licentia Regis, to compel on•• to find sufficient mainpernors in a reasonable sum o••

money, not to go in forreign parts without the Kings license, nor any thing there to attempt in contempt or prejudice of the King, or hurt of the people; nor to send any thither for any such cause.

XXXII. All Dedimus potestatems, the principal of which are these that follow.

XXXIII. Dedimus Potestatem, to give the Kings Roy∣al assent to the election of an Abbot, or the like, made, or to be made, and to signifie so much by his letters to the Ordinary, that he may do that which belongeth to him, and to receive fealty, &c, Commanding the party to do the premises.

XXXIV. Dedimus Potestatem de fine levando, to cer∣tain persons to take the acknowledgment of a fine out of Court, when one that hath agreed in the Kings Court to levie a fine, is so feeble, that he cannot travel.

XXXV. The Cheif Justice of the Common Place may take the acknowledgment of a fine without any dedimus potestatem.

XXXVI. Dedimus Potestatem de Atturnato facien∣do, for the Judges to admit an Atturney for one in a suit.