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. 43. Commandatorie Judicial processe in the natur•• of new originals.

1. THus far of mesne process; Judicial process in th•• nature of new originals (in none of which 〈◊〉〈◊〉

II. Freehold shall ever be recovered, but damage•• onely) are these that follow; first, such as cmomande•• do somthing, as,

III. Re-summons, and Re-attachment, to receive 〈◊〉〈◊〉 the former plight a suit put without day:

IV. These may either revive the original alone, 〈◊〉〈◊〉 the whole proceeding by speciall words.

V. All certificatorie writs.

VI. Certiorari, to remove a Record out of a Count 〈◊〉〈◊〉 Record into the Chancery.

VI. Writs to remove suit out of the Court Baron

VIII. These may be without shewing any cause, the writ, if the remove be at the Plaintiffes suit; b•• not without shewing good cause in the writ, if it be 〈◊〉〈◊〉 the defendants suit.

VIII. These are to remove pleas, by writ, or by plaint.

IX. Of the first sort are Tolt and Pone.

X. Tolt or Tollas is for the Plaintiffe to remove a writ of right out of the Lords Court into the County Court.

XI. A Pone is to remove into the Common place in all other cases.

XII. But a Pone, to remove a Replevin by writ out of any other Court Baron, then the County Court, can∣not be without shewing cause.

XIII. Of the second sort are a Recordare, and Ac∣cedas ad Curiam, in both which nothing but the plaint shall be removed.

XIV. A Recordare is to remove plaints in the Coun∣ty Court.

XV. An accedas ad Curiam, is to remove plaints in any other Court Baron.

XVI. This also (upon good cause shewed in the writ) lieth for a tenant to remove the plea in writ of right out of the Lords Court immediately into the Common place.

XVII. A Mittimus, to send a Record out of the Chancery into another Court of Record.

XVIII. But the Chancelor may send such a Re∣cord by his own hands (without any Mittimus) if he please.

XIX. A Procedendo, to proceed in suits.

XX. Of this nature is a writ of consultation, to pro∣ceed in the spirituall Court, when one▪ suing there for matters belonging to that Court, is restrained to prose∣cute the suit.

XXI. A writ of Mainprise, to set at liberty one bail∣able, finding bail to answer the action

XXII. Such persons bailable be they which are ta∣ken upon a Capias original.

XXIII. But not the defendant in appeal of may∣hem, if the mayhem be heinous; nor the principall in an indictment or appeal of felony; nor the accessory after the attainder of the principall, nor any in high Treason.