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 ...

About this Item

Title
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 ...
Author
Glisson, William.
Publication
London :: Printed by the assigns of Rich, and Edw. Atkins for Hen. Brome and Tho. Basset ...,
1679.
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Subject terms
Actions and defenses -- England.
Civil procedure -- England.
Writs -- England.
Appellate procedure -- England.
Link to this Item
http://name.umdl.umich.edu/A42852.0001.001
Cite this Item
"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 ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A42852.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

Pages

Page 287

In what Court it lies.

Bracton Lib. 3. fol. 160. A. Immediate in uria Domini Regis terminari debent placita de advoca∣tionibus Ecclesiarum, quia si alius à Rege mandaret Episcopis de admittendo Clericum, & ipse non ob∣umperabit, alius à Rege corcionem non haberet, quia Episcopus ad alterius mandatum quàm Regis Clerieum admittere non tenetur; & per consequens 〈◊〉〈◊〉 temporis Rex habebatur caput Ecclesiae, & Stat. de H. 8. factum fuit solummedo in affirmatione legit.

Quare Impedit of an Advowson in Wales ought to be in Com. Ban. in England, and shall be tried 〈◊〉〈◊〉 the County next adjoyning to Wales; and the reason is, because the Lords there have not power to send to the Bishop, 36 Hen. 6.33. B. Forteseue, 35 Hen. 6.30. pl. 35. 3 Edw. 3.163. pl. 35. 8 Edw: 3.319. pl. 15. 24 Edw. 3.3. pl. 26. for the King is Supream Head of the Church in all his Domini∣ons.

No plea to the Jurisdiction to say, that it is Ancient demean, because they cannot in their Court award a Writ to the Bishop, 7 Hen. 6.35. for the former reason no Liberty or Franchise can be endowed with this high prerogative.

In Ban. Regis it lies for the King, for he may sue there, if he pleases, Nat. br. 32. G. 47 Edw. 3.4. pl. 9. or in the Exchequer, as it seemeth. It seems also that it lies in Banco Regis for a com∣mon person.

The King grants Majori Ballivis & juratis Quinque Portuum, that they shall not be implead∣ed;

Page 288

for no Land in no Court, nor for other cause, unless it be within the Five Ports, scil. at Shep∣way, before the Warden of the Five Ports: this extends not to a Quare Impedit, 21 Hen. 7.88. pl. 7. Crooke, for that is intended for Temporal matters only.

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