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A42852 The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ... Glisson, William.; Gulston, Anthony.; Style, William, 1603-1679.; Applegarth, Henry. 1679 (1679) Wing G864; ESTC R177434 260,320 510

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3.72 pl. 1. Testamentum abstulit asportavit Will. Regist orig 107. B. Tunicam sc a Coat Armor Coat 9 Edw. 4.14 pl. 8. Five Tuns of Wine Wine the Writ was bona catalla and good Wine taken and carried away 39 Edw. 3.18 pl. 17. Lib. intra 684. A. sect 1. The Count Lib. intra 684. A. sect 1. Vestimenta 11 Hen. 4.31 pl. 57. Q. whether he must not shew what Cloaths Trespass Quare spinas suas crescent Thorns cepit asportavit ad valen c. Good without shewing the number of Loads for this is special and the value reduces it to a certainty Mich. 15. Jac. Ban. Regis Jones Wilson But if it be quasdam garbas tritici it is not good for the uncertainty what is meant by Garbes Shocks of Wheat Trin. 7 Jac. Ban. Regis For it seems a Garb may be more or less ERROR Error is either by 1. Common Law 1. Judgment in Court of Record 1. Out of the Realm 1. Ireland 2. Wales 2. In the Realm 1. Superior 1. Parliament 1. Parliament the Sheriff in Redisseism per Merton cap. 3. 1. Assizes 2. Oyer Terminer 3. Conusance of Pleas. 1. Village 2. Single person 4. Forest 5. Stannaries 2. Ban. Regis 3. Com. Ban. 4. Chancery 5. Exchequer 2. Inferior prescription 1. In him and his Successors 2. In him and his Heirs 3. In him and whose Estate he hath 2. Agard Execution 3. Other Record Fine Grant of the King 4. Custom 1. London 2. Cinque ports 3. In any Village 5. Common Right 1. Pypowders in Fair or Market 2. Marshalsey Coke 10 part 69. B. 3. Tourne 4. Leet 2. Statute Law Westm 1 2 cap. 30. upon a Bill of exception 5 Edw. 3. cap. 2. Error in Marshalsey Redress in Ban. Regis 9 Rich. 2. cap. 8. He in Reversion his Heirs or Successors shall have Error upon Judgment against Tenant for life c. and by equity he in Remainder 34 Hen. 8. cap. 16. Error upon Judgment before the Justices in the grand Sessions in Wales shall be redressed in Ban. Regis in England if it be in plea real or mixt but for personal matters it was to be redressed before the President and Council in Wales 23 Eliz. cap. 3. False Latine rasing interlining mis-entring of a Warrant of Attorney or Proclamation Mis-return or not Return of the Sheriff or fault of form in words shall not be Error in Fine or common Recovery 27. Eliz. cap. 9. ordains that this Statute of the 23 Eliz. cap. 3. extends to Fines and Recoveries in Wales 27 Eliz. cap. 8. Judgment given in Ban. Regis shall be redressed before the Judges of the Common Pleas and Barons of the Exchequer but then it ought to be in Debt Detinue Account Covenant Ejectione firmae Trespass Action upon the Case and there shall be nothing assigned in the Jurisdiction of the Court or in form in a Writ returned Plaint Bill Declaration Pleading Process Verdict or Proceedings 31 Edw. 3. cap. 12. Error redressed in the Exchequer-Chamber before the Chancellor and the Treasurer calling to them the Barons of the Exchequer and Justices 31 Eliz. cap. 1. The not coming of the Chancellor shall not make a Discontinuance of the Error in the Exchequer-Chamber And for Error therein sued upon a Judgment in Ban. Regis three of the Justices or Barons may adjourn it and it shall be no discontinuance Error In what Court Error shall be redressed Upon Judgment in Court out of the Realm Ireland JUdgment given in Ban. Regis in Ireland Error lies in Ban. Regis in England 15 Edw. 3. Error 72 37 Assize pl. 7. 5 Edw. 2. Error 89. 36 Assize 5. Nat. br 22. E. Coke 7. part 18. Calvins A. case But not upon a Judgment given in another Court in Ireland 5 Edw. 2. Error 89. Nat. br 22 E. but they shall be as it seems reversed in the Kings Bench there if they be erroneous and not trouble the Kings Bench here Erroneous Judgment in Wales shall not be redressed in Ban. Regis in England Wales Dodderidge De Principalitate Walliae fol. 18. because Wales was not parcel of the Crown of England 27 Hen. 7.33 pl. 32. but a Principality of it self belonging to the Crown But Crooke 11 Hen. 8.202 pl. 19. è contra for there it is said it is parcel of England Q. But in Parliament this ought to be reversed 19. Hen. 6.12 Ascue And also before Justices itincrant there 19 Hen. 6.12 Newton viz. in Wales But at this day Judgment given at the Grand Sessions in Wales in a plea real or mixt shall be redressed in ban regis in England per Statute 34 Hen. 8. cap. 26. But in plea personal it shall be redressed before the President of the Council in Wales by Bill exhibited before him But Judgments given in the Assizes in Wales cannot be redressed in Com. Ban. here 8 Eliz. Dyer 250.87 Isle of Man Erroneous Judgment given in the Isle of Man may not be redressed in England because it is not parcel of England Crooke 11 Hen. 8.202 pl. 19. Upon a Judgment given in ban regis Error lies in the same Court per Common Law 2. Within the Realm in Court superior as Parliament Ban. Regis if it be upon Error in Process or default of Clerks Nat. br 21 I. 7 Hen. 6.28 pl. 22. 19 Hen. 6.2 pl. 2.15 Edw. 4.7 8. 3 Eliz. Dyer 196. pl. 39. 27 Hen. 8.15 B. Knightley But if it be Error in Law which is the fault of the Justices it shall not be redressed but by Parliament per Common Law Nat. br 21. I. 9 Edw. 4.3 3 Eliz. Dyer 196. pl. 39. 201. pl. 64. 23 Eliz. Dyer 374. pl. 19. 27 Hen. 8.25 B. Fitz-James For they shall not reverse their own Judgments But Error in process or default of Clerks ought to be reversed in the same Term or otherwise it lies not in the same Court as it seems by the Justices Trin. 7. Jac. ban regis Prowse Skeynner Q. But one case was Mich. 41 42 Eliz. Rot. 639. which is a rule that Error lies in another Term upon Error in Process when the party cannot have Error in the Exchequer Chamber But by the Stat. of 27 Eliz. cap. 8. if Judgment be given in ban regis upon a Suit commenced there the Writ of Error lies in the Exchequer-Chamber before the Iustices of the Common Ban. and Barons of the Exchequer or six of them Coke 3. part 7. B. 4. part 53 86. A. 5 part 18. B. 28. A. 43. A. 97. B. But then it ought to be in Debt Detinue Account Covenant Ejectione firmae Trespass upon the case and no other Actions for the Stat. shall not be largely expounded And also nothing shall be assigned for Error in the jurisdiction of the Court or form of the Writ Return Plaint Bill Declaration Pleadings Process Verdict or Proceedings but only in matter in Law And also a
29. Nov. 1677. I do allow the Reprinting the SVRVEY OF THE LAW as it is now Corrected and Inlarged Fra North. THE COMMON LAW EPITOMIZ'D WITH Directions how to Prosecute and Defend Personal Actions Very useful for all Lawyers Justices of Peace and Gentlemen To which is annexed The nature of a Writ of ERROR and the general proceedings thereupon WITH A plain TABLE for the easie finding out of every particular By William Glisson and Anthony Gulston Esquires Baristers at Law The Second Edition revised explained and much enlarged by W. S. of the Inner-Temple Esquire Good communicated doubles it self Vivere nemo Nunc sine Lite solet nec sine Lege potest LONDON Printed by the Assigns of Rich. and Edw. Atkins Esq for Hen. Brome and Tho. Basset and are to be sold at the Gun in St. Pauls Church-yard and at the George in Fleetstreet MDCLXXIX The Epistle Dedicatory TO THE Professors Practisers OF THE COMMON LAW OF ENGLAND Candid Reader THis Tract in French was bequeathed to me by an alliance William Glisson Esquire deceased which I have translated into our own Language for the Common benefit of all I am not singular in it for daily experience manifests the contrary neither is it a Novelty for Law-books to appear in this dress Antiquity may be pleaded Sr. Germin Perkins Stanford Crompton Lambert Sir Henry Finch Dalton and divers others have in former days troden this path My desires are that it may not be perused by those who read only to fault what they cannot mend but by those whose judicious Pen will correct the errors as Cognizances of humane frailty I wish it successful to all be he Pleader or Practiser and that the Common Law of England may shine forth in these Cloudy and Eclipsed days is the Prayer of him who is St●ple Iune January 20th 1658. A Well-wisher to the Laws HEN. APPLEGARTH To the READER Ingenuous Reader THese ensuing Lines were not fixed to this Treatise to commend its worth unto thee for if I can judge rightly it needs them not as I doubt not but thou wilt confess upon the perusal of it And this made me some years past take some pains in correcting many Errataes of the Press and explaining many obscurities I met with and in shewing the reason of the Law in many places without any other aim than my own private satisfaction But since that understanding an intent of Re-printing of the Copy I thought it not amiss to impart what I had done to the Undertakers thereof not only for their benefit but for the Readers clearer information and easier understanding of the greater variety of the matters therein contained and in the former Edition very briefly and in many places obscurely set forth If my pains herein may prove profitable to any I shall think it well bestowed however I shall rest satisfied with this perswasion That neither the Printers nor Readers can be prejudiced by these my well intended endeavours William Style THE CONTENTS OF THE BOOK 1. Accompt 2. Case Assumpsit 3. Trover 4. Covenant 5. Detinue 6. Debt 7. Ejectment 8. Quare Impedit ne admittas quare non admisit quare incumbravit 9. Replevin 10. Trespass 11. Error VVherein is plainly set down and demonstrated 1. What their several natures are 2. How many fold they are 3. In what Court they most properly lye 4. Who may best bring them 5. Against whom they lye 6. For what causes they lye 7. What be good Pleas and Barrs to the several Actions 8. What Judgements and Executions may be given in them The TABLE Account ACcount Fol. 1 Account against a Guardian in Soccage Fol. 1 In what Court Account lieth against a Guardian in Soccage Fol. 1 Who shall have a Writ against Guardian in Soccage Fol. 2 Against what person Account lieth as Guardian in Soccage Fol. 3 For what things Account lieth Fol. 4 The Account against a Guardian Soccage Fol. 5 The Process against a Guardian Soccage 1. before appearance 2. after appearance Fol. 6 Bar by a Guardian in Soccage 1. to the Action of Account 2. before Auditors Fol. 7 The Judgment against a Guardian in Soccage 1. of Account 2. to recover the thing Fol. ib. Execution against a Guardian in Soccage 1. per Common Law 2. per Statute Law Fol. 8 Ex parte talis Fol. ib. Account against a Baily 1. of a Court or Hundred 2. of a Mannor-house c. Fol. 9 In what Court it lies against a Baily Fol. ib. Who shall have an Account against a Baily 1. of a Court 2. of a Mannor Fol. ibid. Against whom an Account lieth as Baily 1. of a Court or Hundred 2. of a Mannor c. Fol. 12 For what things Account lieth against a Baily 1. of a Court 2. of a Mannor Fol. 14 The Account against a Baily 1. Of a Court or Hundred 2. of a Mannor c. Fol. 15 The Writs against a Baily 1. of a Court or Hundred 2. of a Mannor c. Fol. 16 The Process against a Baily 1. before appearance 2. after appearance Fol. 18 Bar to a Baily 1. to an Action of an Account 2. before Auditors Fol. 19 Judgment against a Baily 1. of Account 2. to recover the thing Fol. 21 Execution against a Baily 1. per Common Law 2. per Statute Law Fol. ibid. Ex parte talis by a Baily Fol. 22 Account against a Receiver 1. In Law 2. in Deed Fol. 23 Against whom Account lies as Receiver Fol. 26 For what things Account lieth against a Receiver Fol. 29 The Account against a Receiver 1. by others hands 2. by his own hands Fol. ibid. The Judgment against a Receiver 1. of Account 2. of a Receiver Fol. 37 The Writ against a Receiver Fol. 38 The Process against a Receiver 1. before appearance 2. after Fol. 39 Bar by a Receiver 1. to an Action of Account 2. before Auditors Fol. 41 Execution against a Receiver 1. per Common Law 2. per Statute Law Fol. 43 Action upon the Case QUid Quotuplex In what C●urt it lieth Fol. 46 For doing of wrong to the dammage of another touching things hereditary Fol. 47 Against whom this lieth Fol. 49 For what things this Action lies Fol. 51 The Writ Fol. 62 The Process 1. before appearance 2. after Fol. ib. The Judgment Fol. 63 For what things it lies For. ib. For doing of wrong to the dammage of another touching his body Fol. 69 For doing a thing to the dammage of another touching his name which is slander Fol. 72 For the doing wrong to the dammage of another touching suits in Law Fol. 83 For not doing that which ought to be done by the Law touching a thing hereditary to the dammage of another Fol. 91 For not doing of things which ought to be done by the Law to the dammage of another concerning Chattels Fol. 95 For the not doing of a thing which ought to be done by the Law to the dammage of another touching his body Fol.