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A86034 A survey of the law. Containing directions how to prosecute and defend personal actions, usually brought at common law. With the judges opinions in several cases. To which is annexed, the nature of a writ of error, and the general proceedings thereupon. With a plain table for the easy finding out of every particular. / By Wiliam Glisson and Anthony Gulston [brace] Esquires, [brace] baristers at law.; Common law epitomiz'd Glisson, William.; Gulston, Anthony. 1659 (1659) Wing G866; Thomason E1788_1; ESTC R202224 194,278 425

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A SURVEY OF THE LAW CONTAINING DIRECTIONS how to Prosecute and Defend Personal Actions usually brought at COMMON LAW With the Judges Opinions in Several Cases To which is annexed The nature of a Writ of Error and the general proceedings thereupon With a plain Table for the easy finding out of every particular BY William Glisson and Anthony Gulston Esquires Baristers at Law Good communicated doubles it self Vivere nemo Nunc sine Lite solet nec sine Lege potest London Printed for Henry Brome at the Gun in Ivy-Lane and Thomas Basset in St. Dunstans Church-yard 1659. THE CONTENTS Of the BOOK 1. Accompt 2. Case 3. Covenant 4. Detinue 5. Debt 6. Ejectment 7. Quare Impedit 8. Replevin 9. Trespass 10. Trover c Wherein is plainly set down and demonstrated 1. What their several natures are 2. How many fold 3. In what court they most properly lye 4. Who may best bring them 5. Against whom 6. For what causes 7. What be Pleas and Barres 8. What Judgements and Executions 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 dresse Antiquity may be plead●d Sr. Germin Perkins Stanford Cromp●on Lambert Sr Henry Finch Dalton and divers others have in former dayes troden this path My desires are 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 ecclipsed dayes is the prayer of him who is A Well-Wisher to the Laws HEN. APPLEGARTH Staple-Inne January 20th 1658. 9 The Table ACCOUNT ACcount Fol. 1. Account against a Guardian in Soccage 1. In what Court Account lyeth a gainst a Guardien in Soccage 1. Who shall have a writ against Guardien in Soccage 2. Against what person Account lyeth as Guardien in Soccage 3. For what things Account lyeth 4. The Account against a Guardian Soccage 5. The proces against a Guardian Soccage 1 before appearance 2. after appearance 6. Bar by a Guardian in Soccage 1 to the Action of Account 2 Before Auditors 7. The Judgment against a Guardian in Soccage 1 of Account 2 to recover the thing ib. Execution against a Guardian in Soccage 1. per common Law 2 per statute Law 8. Ex parte talis 8. Account against a Bayly 1. of a Court or Hundred 2. of a Mannor-house c. 9. In what Court it lyes against a Bayly ib. Who shall have an Account against a Bayly 1. of a Court 2. of a Mannor ib. Against whom an Account lyeth as Bayly 1. of a Court or Hundred 2. of a Mannor c. 12. For what things Account lyeth against a Bayly 1. of a Court 2. of a Mann●● 14. The Account against a Bayly 1. of a Court or Hundred 2. of a Mannor c. 15. The writs against a Baily 1. of a Court or Hundred 2. of a Mannor c. 16. The process against a Baily 1. before appearance 2. after appearance 17. Bar to a Baily 1. to an Action of an Account 2. before Auditors 18. Judgement against a Baily 1. of Accouut 2. to recover the thing 21. Execution against a Baily 1. per Common-law 2. per Statute-law 10. Ex parte talis by a Baily 22. Account against a Receiver 1. in Law 2. in Deed. 23. Against whom Account lyes as Receiver 26. For what things Acount lyeth against a Receiver 28. The Account against a Receiver 1 by others hands 2. by his own hands 29. The judgement against a Receiver 1. of Account 2. of a Receiver 34. The writ against a Receiver 35. The process against a Receiver 1. before appearance 2. after 36 Bar by a Receiver 1. to an action of Account 2. before Auditors 37. Execution against a Receiver 1. per Common-law 2. per Statute-law 3● Action upon the Case QUid Quotuplex In what Court it lyeth 42. For doing of wrong to the dammage of another touching things hereditary 43. Against whom this lyeth 44. For what things this Action lyes 46. The Writ 55. The process 1. before appearance 2. after 55. The Judgement ib. For what things it lyes ib. For doing of wrong to the dammage of another touching his body 61. For doing a thing to the dammage of another touching his name which is slander 62. For the doing wrong to the dammage of another touching sutes in Law 72. For not doing which onght to be done by the Law touching a thing hereditary to the dammage of another 73. For not doing of things which ought to be done by the Law to the dammage of another concerning Chattels 81. For the not doing of a thing which ought to be done by the Law to the dammage of another touching his body 83. For not doing a thing that ought to be done by the Law to the dammage of another touching sutes in Law 83. Assumpsit FOr the not doing of a thing which ought to be done by the agreement of the party to the 〈◊〉 of another touching things hereditary 84. Assumpsit quid quotuplex ib. General Bar. 85. For not doing of a thing which ought to be done by the agreement of the partyes touching Chattels 87 The Judgement 98 The Writ 99 For not doing a thing which is to be done by Agreement touching the body 99 The Writ 100 For not doing a thing which is to be done by agreement of the parties touching sutes in Law 100 For not doing a thing where a man is bound to do it in one manner and he doth it in another 100 For negligent suffering a thing to be done to the dammage of another 101 Bar. 102 For deceit in bargains and agreements with warrant 105 For deceit in bargains and agreements without warranty 106 Trover and Conversion Quid quotuplex 108 Of what things it lyes 109 Covenant IN what Court covenant lyes 1. personal 2. real 113 Who shall have a covenant 1. personal 2. real 114 Against whom covenant lyes 1. personal 2. real 119 The Count in covenant 1. personal 2. real 125 Writ in covenant 1. personal 2. real 127 The process in Covenant 1. before appearance 2. after ib. Bar in Covenant 1. personal 2. real 128 Judgement in covenant 1. personal 2. real 129 DETINVE 1. QVid Fol. 132 2. Quotuplex ib. In what Court detinue lyes 1 of Chattells 2 of Deeds for Lands Fol. 133 Who shall have a Detinue 1. of Chattells 2 of deeds ib. Against whom Detinue lyes 1 of Chattels 2 of Deeds Fol. 139 For what things Detinue lyes 1 of Chattels 2
of England But in Parliament this ought to 〈◊〉 19 Hen. 6. 12. 〈◊〉 And also before Justices i●ene●ant there 19 Hen. 6. 12. Newton But at this day judgement given at the Grand Sessions in Wales in plea real or mi●● 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 Counsel in Wales by bill But judgement in the Assizes in Wales cannot be redressed in Com. Ban. 8 Eliz. Dyer 250. 87. ERROR       1. Out of the Realm 1. Ireland         1. Judgement in court of Record           2. Wales           1. Superiour 1. Parliament       1. Common Law   2. Ban. Regis       3. Com. Ban.       4. Chancery       5. Exchequer       2. In the Realm 1. Parliament the Sheriff in Redisseisin per Merton cap. 3.     1. Assizes         2. Oyer and Terminer 1. Village     3. Conusance of pleas 2. Single person Error is either by     4. Forrest         5. Stannaries       2. Inferiour Prescription 1. In him and his Successors   2. In him and his Heirs     3. In him whose estate he hath 2. Agard Execution   4. Custome 1. London         2. Cinque ports         3. In any village         5. Common Right 1. Pypowders in Fair or Market   3. Other Record Fine Grant of the King 2. Marshalsey Coke 10. part 69. B.           3. Tourne           4. Leete     Westm 1. 2. cap. 30. Upon a Bill of Exception       2. Statute Law 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 Judgement against Tenant for life c. and by equity he in Remainder 34 Hen. 8. cap. 16. Error upon Judgement 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 Counsel in Wales 23 Eliz. cap. 3. False Latine rasing interlining mis-entring of a Warrant 〈◊〉 Attorney or Proclamation Mis-return or not Return of the Shrieve or fault of ●orm 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. cap. 3. 12. Error redressed in the Chequer chamber before the Chancellor and the Thesaurer calling to them the Barons of the Chequer and Justices   31 Eliz. cap. 1. The not coming of the Chancellor shall not make a Discontinuance of the Error in the Chequer chamber   And for Error therein sued upon a Judgement in Ban. Regis 3 of the Justices or Barons may adjourn it and it shall be no Discontinuance Erroneous judgement 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. Judgement given Ban. Regis Error lyes in the sane Court per Common law if it be error in proces or default of Clarks 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 But error in process or default of Clarks ought to be redressed in the same Term or otherwise it lyes not in the same Court as it seems by the Justices Trin. 7 Jac. Ban. Regis Prowse Skeynner But one case was Mich. 41 42 Eliz. Rot. 639. which is a rule that error lyes in another Term upon Error in Proces when the party cannot have error in the Chequer Chamber But by the 27 Eliz. cap. 8. if judgement be given in Ban. Regis upon a sute commenced there the writ of error lyes in the Chequer Chamber before the Justices of the Common ban and Barons of the Chequer or fix of them Coke 3. part 7. B. 4. 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 also nothing shall be assigned for Error in Jurisdiction of the Court or form of the Writ Return Plaint Bill Declaration Pleadings Process Verdict or Proceedings And also a writ of Error lyes upon this in Parliament Judgement given in Chancery according to the Common-law shall be redressed in Parliament 37 Hen. 6. 13. 11 Edw. 4. 8. Choke Or in Ban. Regis 14 Eliz. Dyer 315. pl. 100. and so it seems 37 Hen. 6. 13. 8 Edw. 3. 25. 17. Assize pl. 24. Com. 393. A. 39. Assize 18. And in case of Partition one Scire facias in Chancery upon Error and good 4● Assize 22. If Letters Patents are inrolled in Chancery there shall be a Scire facias to reverse it there 16 Edw. 3. bre 651. 2 Rich. 3. 1. A. But another subject upon this being grieved shall have this redressed in Parliament 16 Edw. 3. bre 651. 37 Hen. 6. 13. But no writ of Error lyes altogether upon a decree in Chancery because in their proceeding the Court is not a Court of Record 37 Hen. 6. 13. 27 Hen. 8. 15. Knightley Judgement given in Com. Ban. if it be Error in Process or in default of Clarks it shall be redressed in the said Court the same Term without a writ Nat. br 21. I. 15 Edw. 4. 7 8. 7 Hen. 6. 28. pl. 22. 19 Henry 6. 2. pl. 2. But for Error in Law in the same Term or other Error in another Term this shall be redressed in Ban. Regis only Nat. br 21. I. Coke 8. part 5. A. 5 Mariae bre Commission 25. It shall not be reformed at the Counsel-Table 39 Edw. 3. 14. pl. 28. Judgement given before the Barons of the Chequer chamber shall be redressed in the Chequer chamber before the Chancellour