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 ...

Of what things a Replevin lies.

It lies of Cattel, Regist. Orig. 81. Coke 1. part 141.* 1.1 Mayowes case, the count. Lib. intra. 570. C. sect. 123.4. Coke 1. part. 54. A. Capels case. and the Replevin needs not mention the Colour or Value of them, but only the Kind and Nature; that the Sheriff may know of what to make re∣torne, in case the distraier recovers.

But he ought to shew the place where they were taken; for the taking of them in another place shall abate the Writ, 2 Hen. 6.14. pl. 10. 35 Hen. 6.40. pl. 1. for the falsity of it, and it shall not be accounted the same ta∣king.

It lies of Wood within the Forest, Regist.* 1.2 Orig. 86. B. viz. Wood felled. Q. if he must shew what Wood it is.

Replevin lies of a Barge, 2 & 3 Mariae, Dyer.* 1.3 117. pl. 73. If taken infra corpus Comita∣tus.

It lies of a Mastiff-Dog,* 1.4 12 Hen. 8.3. For the Owner hath property in him, and he is a use∣ful Creature.

Of a Leveret, 2 Edw. 2. Distress 20. Q. For it is but a thing of pleasure, if alive.

It lies not of Deeds of Land,* 1.5 because they are Real, 4, Hen. 10. pl. 4. And a Replevin is not a real Action meerly.

It lies of a Hive of Bees,* 1.6 Regist. orig. 81. A. For the Owner hath a property in them, and they are valuable.

It lies of a Ferret,* 1.7 2 Edw. 2. Avowry, 142. for the same reason.

It lies of Grain in a Wagon loaded,* 1.8 Lib. in∣tra. 560. B. sect. 2.562. D. sect. 3. Q. toge∣ther with the Wagon, or without it.

It lies of a man,* 1.9 if he be not committed by the command of the King or his Justices, or for the Death of a man, Regist. orig. 77. B. Nat. br. 66. E. that is, be kept prisoner without any Suit or process in Law.

Or by Justice of the Forest outlawed, appro∣ver, taken for Felony with the manner, breaking prison, known Thief, appealed by an approver, burner of a House, or counterfeiting the Money or Seal of the King, or taken by an Excommu∣nicato Capiendo, or for Treason, Convict of Re∣dissein, Nat. br. 66. E. For these are Capital Crimes.

But if a man be taken for Trespass in a Forest, he shall be replevied, if detained against pledges, Regist. orig. 80. A.

And the Writ shall be directed Custodi Forestae, and if he be not delivered, then a Replevin shall

issue to the Sheriff, and an Attachment to attach the Gardein of the Forest, per Stat. 1 Edw. 3. up, 8. Statute 1. Regist. orig. 80. B. Nat. br. 67. A, B & C. Little use there is now of this Law.

And so for a Trespass in the Kings Chase, Regist. 80. B. because the Chase remains at the common Law, Nat. br. 67. D. and is not ordered by Fo∣••••st-Law.

And so if a man rescues one Indicted and Convi∣cted for a Trespass in the Forest, Regist. Orig. 81. A. and the rescuer detains the party.

* 1.10If one takes Sheep which asterwards have Lambs, it lies of all, Nat. Br. 69. D. 18 Edw. 3. 48. pl. 55. So of a Sow with Pig, a Mare with Fole, &c.

It lies of a Park seised into the hands of the King,* 1.11 Regist. 80. B. Nat. br. 67. E. Q.

* 1.12It lies of a Sow and Pigs which were not pig∣ged at the time of the taking, 12 Edw. 45. pl. 10. 18 Edw. 3.48. Nat. br. 69. D. Q. Whether of a Bitch and her Whelps.

* 1.13It lies of Cows and Calves not calved at the time of the taking, Nat. br. 69. D. 18 Edw. 3.48. pl. 55.

It lies of Yarn,* 1.14 Mich. 39 & 40. Eliz. com. Ban. Burley versus Read, and generally for any thing that may be distrained.

Notes

• * 1.1

  Cattels.
• * 1.2

  Wood
• * 1.3

  Barg••.
• * 1.4

  Mastiff.
• * 1.5

  Deeds.
• * 1.6

  Bees.
• * 1.7

  Ferret.
• * 1.8

  Grain.
• * 1.9

  Man.
• * 1.10

  Sheep and Lambs.
• * 1.11

  Park.
• * 1.12

  Sow and Pigs.
• * 1.13

  Cows and Calves.
• * 1.14

  Yarn.