C E R 
perfons in 20I. each to plead to the indiSment in B. R. 
&c. And, if the defendant profecuting the certiorari 
be convi&ed, the court of B. R. (hall order colts to the 
prolecutor of the indictment. In cafe of certiorari grant¬ 
ed in vacation, the name of the judge and party applying 
to be indorfed on the writ. If on a certiorari to remove 
an indictment the party do not find manucaptors in the 
fum of 20I. to plead to the indictment and try it, accord¬ 
ing to the llatute, it is ho fuperledeas. Mod. Ca. 33. 
Certiorari, to remove convictions, orders or proceed¬ 
ings of j'uftices, to be applied for within iix calendar 
months, and upon fix days’notice tt> the juftices. 13 
Geo. II. c. 18. It is faid a certiorari to remove an indiCt - 
ment is good, although it bear date before the taking 
thereof; but on a certiorari the very record mull be re¬ 
turned, and not a tranfcript of it ; for if fo, then the re¬ 
cord will ftill remain in the inferior court. 2 Lil. 253. 
In B. R. the very record itfelf of indictments is removed 
by certiorari; but ufually in chancery, if a certiorari be 
returnable there, it removes only the tenor of the record; 
and therefore, if it be fent from thence into the king’s 
bench, they cannot proceed either to judgment or execu¬ 
tion, becaufe they have but fuch tenor of the record be¬ 
fore them. 2 Hale's Iiiji. P. C. 215. In London a return 
of the tenor only is warranted by- the city charters. 2 
Hawk. P. C. c. 27. If a certiorari be prayed to remove 
an indictment out of London or Middlefex, three days’ 
notice mull be given the other fide, or the certiorari Ihall 
not be granted. Raym. 74. 
After a certiorari is allowed by the inferior court, it 
makes all the fublequent proceedings, on the record that 
is removed by it, erroneous. 2 Hawk. P. C. c. 27. But, 
if a certiorari for the removal of an indictment before 
juftices of peace be not delivered before the jury befworn 
for the trial of it, the juftices may proceed. And the juf¬ 
tices may let a fine to complete their judgment after a cer¬ 
tiorari delivered. Ld. Raym. 1515. A certiorari removes 
all things done between the telle and return. And, as it 
removes the record itfelf out of the inferior court, there¬ 
fore, if it remove the record againft the principal, the ac- 
ceflary cannot be tried there. 2 Hawk. P. C. c. 29. And, 
if the defendant be convicted of a capital crime, the per- 
fon of the defendant muft be removed by habeas corpus, 
in order to be prefent in court, if he will move in arreft 
of judgment. And herein the cafe of a conviction differs 
from that of a fpecial verdiCt. Burr. 930. Although, on 
a habeas corpus to remove a perfon, the court may bail 
or difcharge the prifoner; they can give no judgment 
upon the record of the indictment againft him, without a 
certiorari to remove it, but the fame ftands in force as it 
did, and new proeefs may iffue upon it. 2 H. P. C. 211. 
If an indictment be one, but the offences feveral, where 
four perfons are indicted together; a certiorari to remove 
this indictment againft two of them, removes it not as to 
the others, but as to them the record remains below. 
2 Hale’s HJf. 214- If a caufe be removed from an infe¬ 
rior court by certiorari, the pledges in the court below 
are not difcharged ; becaufe a defendant may bring a cer¬ 
tiorari, and thereby the plaintiff may lofe his pledges. 
Skin. Rep. 244. A certiorari from the king’s bench is a 
fuperfedeas to reftitution in a forcibly entry. 1 Hawk. 
P. C. c. 64. 
The return of a certiorari is to be under feal ; and the 
perfon to whom a Gertiorari is directed may make what 
return hepleafes, and the court will not flop the filing of 
it, on affidavit of its falfity, except where the public good 
requires it: the remedy for a falfe return is aCtion on the 
cafe, at the fuit of the party injured ; and information, 
&e. at the fuit of the king. 2 Hawk. P. C. c. 27. 
If the perfon to whom the certiorari is directed, do not 
make a return, then an alias, then a pluries, vel caufapt 
nobis fignifices quare, fhall be awarded, and finally an at¬ 
tachment. Cromp. 116. 
form of a Certiorari. — “ George III. &c. To the 
mayor and fheriffs of our city of Lxeter, and to every of 
Vol. IV. No. 177. 
C £ R 49 
them, in our court at the Guildhall there, greeting: 
Whereas A. B. hath lately in our faid court in the faid 
city, according to the cuftom of the fame court, implea¬ 
ded C. D. late of, &c. in an aCtion of debt upon demand 
of thirty pounds ; and thereupon, in our faid court be¬ 
fore you, obtained judgment againft the faid C. forthe re¬ 
covery of the faid debt: and we, being defirous for cer¬ 
tain reafons, that the laid record fhould by you be certi¬ 
fied to us, Do command you, that you fend under your 
feals the record of the faid recovery, with all things touch¬ 
ing the fame, into our court before us at Weltminfter, on 
the day, &c. plainly and diltinCtly, and in as full and 
ample manner as it now remains before you, together 
with this writ; fo that we on the part of the faid A. may 
be able to proceed to the execution of the faid judgment, 
and do what fhall appear to us of right ought to be done.” 
Witnefs, &c. 
The return of a certiorari may be thus. Firft, on the 
back of the writ indorfe thefe or limilar words, “The 
execution of this writ appears in a fchedule to the fame 
writ annexed.” Which fchedule muft be on a piece of 
parchment, (not paper, 1 Barn. K. B. 113,) by itfelf, and 
fifed to the writ. 
C’ER'TITUDE, f. [ eertitudo , Lat.] Certainty ; free¬ 
dom from doubt 5 infallibility of proof : 
They thought at firft they dream’d: for Rwas offence 
With them, to queftion certitude of fenfe. Drydenr 
CERTO'SA, a celebrated Carthufian monaftery, in 
the territory of the Pavefe; in the duchy of Milan, four 
miles from Pavia: its park is lurrounded with a wall 
twenty miles in circumference, inclofing feveral fmall 
towns and villages. 
CERVAN'I'ES. See Saavedra. 
CERVA'RIA,/: in botany. See Athamanta and 
Tr acheljum. 
CERVA'RO, a town of Italy, in the kingdom of Na¬ 
ples, and province of Principato Citra: nine miles 
eaft-north-eaft of Policaftro. 
CERU'CHIS,/. in botany. See SpiLANTHEs. 
CEK/VERA, a river of Spain, which runs into the 
Segre, a little above Lerida, in Catalonia. 
CER'VERA, a town of Spain, and capital of aviguery, 
to which it gives name, in the province of Catalonia. 
Here is an univerfity, founded in 1717: feven leagues 
north-weft of Tarragona. 
CER'VER A, a town of Spain, in the province of Ca¬ 
talonia, fituated on the coaft of the Mediterranean, be¬ 
tween Rofes and Coilioure. 
CER'VERA, a town of Spain, in New Caftile : fix 
leagues from Cuenca. 
CERVET'TO, father to the celebrated violoncello 
performer of that name, and an extraordinary character 
in the mufical world, came to England in the hard froft, 
and was then an old man. He foon after was engaged to 
play the bafs at Drury-lane theatre, and continued in 
that employment till the era of Mr. Garrick’s retiring 
from the ftage. He died June 14, 1783, in his 103d 
year. 
CER'VI, a fmall ifland of the Grecian Archipelago, 
near the coaft of the Morea, on the eaft fide of the en¬ 
trance into the Gulf of Kolokitia : fix miles north of 
Cerigo. 
CER'VIA, a modern built town of Italy, in the pro¬ 
vince of Romania, near the Adriatic Sea, from whence 
canals are cut to admit the fea-water, which is here eva¬ 
porated, and great quantities of fait made. It is the fee 
of a bifhop, fuffragan of Ravenna : fifteen miles fouth- 
louth-eaft of Ravenna,and 144 north of Rome. 
CERVIA'NA,/. in botany. See Pkarnaceum. 
CER'VICAL, adj. [cervicalis, Lat.] Belonging to the 
neck.—The aorta, bending a little upwards, fends forth 
the cervical and axillary arteries ; the reft, turning down 
again, forms the defcending trunk. Cbeyns. 
"CERVICA'RIA, f. in botany. See Campanula. 
O CERVIE'RES 
