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 ...

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 in∣cumbravit.
• 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 Audi∣tors, 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 Au∣ditors, 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, touch∣ing 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. 96
• For not doing of a thing that ought to be done by the Law, to the dammage of another touching suits in Law, Fol. 97

Assumpsit.

• FOr the not doing of a thing which ought to be done by the agreement of the party, to the dammage of another touching things hereditary. Fol. 98
• ...Assumpsit quid & Quotuplex, Fol. ib.
• General Bar, Fol. 99
• For not doing of a thing, which ought to be done by the agree∣ment of the parties touching Chattels, Fol. 102
• The Judgment, Fol. 114
• The Writ, Fol. ibid.
• For not doing a thing which is to be done by agreement touch∣ing the body, Fol. 115
• The Writ, Fol. ibid.
• For not doing a thing which is to be done by agreement of the parties touching suits in Law, Fol. 116
• For not doing a thing where a man is bound to do it in one manner, and he doth it in another, Fol. ibid.
• For negligent suffering a thing to be done to the dammage of another, Fol. 117

• Bar, Fol. 118
• For deceit in bargains, and agreements with warrant, Fol. 122
• For deceit in bargains, and agreements without warranty, Fol. 124

Trover and Conversion.

• ...QUid & Quotuplex, Fol. 125
• Of what things it lies, Fol. 126

Covenant.

• IN what Court Covenant lies, 1. personal, 2. real, Fol. 131
• Who shall have a Covenant, 1. personal, 2. real, Fol. 132
• Against whom Covenant lies, 1. personal, 2. real, Fol. 137
• The Count in Covenant, 1. personal, 2. real, Fol. 145
• Writ in Covenant, 1. personal. 2. real, Fol. 147
• The Process in Covenant, 1. before appearance, 2. after, Fol. 148
• Bar in Covenant, 1. personal. 2. real, Fol. 149
• Judgment in Covenant, 1. personal, 2. real, Fol. 150

Detinue.

• ...1. QUid, Fol. 154
• ...2. Quotuplex, ib.
• In what Court detinue lies, 1. of Chattels, 2. of Deeds for Land••, Fol. 155
• Who shall have a Detinue, 1. of Chattels, 2. of Deeds, Fol. ibid.
• Against whom Detinue lies, 1. of Chattels, 2. of Deeds, Fol. 163
• For what things Detinue lies, 1. of Chattels, 2. of Deeds, Fol. 167
• Count in Detinue, 1. of Chattels, 2. of Deeds, Fol. 169
• The Writ in Detinue, 1. of Chattels, 2. of Deeds, Fol. 173
• The Process in Detinue, 1. before appearance, 2. after, Fol. 174
• The Garnishment in Detinue, 1. of Chattels, 2. of Deeds, Fol. 175

• Enterpleader in Detinue, 1. Of Chattels. 2. Of Deeds. Fol. 176
• Bar in Detinue. 1. Of Chattels. 2. Of Deeds. Fol. 178
• Execution in Detinue. 1. Of the Defendant. 2. against The Judgment in Detinue. 1. Of Chattels. 2. Of Deeds. Fol. 182.
• the Garnishee. 3. of what Lands. 4. of what Goods. Fol. 184

Debt.

• DEbt, in what Court it lies. Fol. 191
• Who shall have Debt. Fol. 193
• Against whom Debt lies. Fol. 203
• For what things Debt lies. Fol. 216
• Judgment in Debt. Fol. 227
• The Writ in Debt. 1. in the County. 2. in Com. Ban. Fol. 234
• The Process in Debt. 1. before appearance. 2. after. Fol. 239
• The Bar in Debt. Fol. 240
• The Judgment in Debt. Fol. 265
• Execution in Debt. Fol. 269

Ejectment.

• IN what Court it lies. Fol. 272
• Who shall have an Ejectione firmae. Fol. 273
• Against whom Ejectment lies. Fol. 276
• Of what things an Ejectment lies. Fol. 278.
• The Count generally. Fol. 281
• The Writ. Fol. 283
• The Process. 1. before appearance. 2. after. Fol. ibid.
• The Bar. Fol. 284
• The Judgment. Fol. 285

Quare Impedit.

• QƲid. Fol. 286
• In what Court it lies. Fol. 287
• Who shall have a Quare Impedit. Fol. 288
• Against whom a Quare Impedit lies. Fol. 311
• Quare Impedit of what disturbance it lies. Fol. 312
• Quare Impedit of what things it lies. Fol. 313
• The Count in Quare Impedit. Fol. 315

• The process in Quare Impedit, 1. before appearance, 2. af∣ter. Fol. 317
• Barr in a Quare Impedit, 1. by the Ordinary, 2 by others. Fol. 319
• Good causes of refusal in a Quare Impedit, Fol. 322
• These are not, Fol. ib.
• These are likewise good causes of refusal, Fol. 323
• Who shall plead plenarty, and who not, Fol. 327
• Against whom plenarty was, is no plea, Fol. 328
• Judgement in a Quare Impedit, 1. when be shall have Judgement, 2. of what things he shall have Judgement. Fol. 330
• The Writ to the Bishop, to whom it shall be directed, Fol. 334
• Process in the writ to the Bishop, Fol. 336
• Of what things a man shall have Judgement. Fol. ib.
• A Writ to the Bishop and single dammages. Fol. 338
• A Writ to the Bishop and double dammages. Fol. 340
• Single dammages and no Writ to the Bishop. Fol. ib.
• Double dammages and no writ to the Bishop. Fol. 341
• Two writs to the Bishop, Fol. ib.
• In what Court and what Judges have power to award a writ to the Bishop. Fol. 342

Ne Admittas.

• WHat person shall have it. Fol. 342
• In what cases it lies. Fol. ib.
• Within what time this ought to be brought. Fol. 343
• The Writ. Fol. 344
• The Process. Fol. ib.

Quare non Admisit.

• OƲt of what court this issues. Fol. ib.
• What person shall have it. Fol. 345
• Against whom it lies. Fol. ib.
• In what case it lies. Fol. 346
• The Writ. Fol. ib.

• The Count. Fol. 347
• The Bar. Fol. ib.
• The Judgement. Fol. 348

Quare Incumbravit.

• IN what Court it shall be brought. Fol. 348
• What person shall have it. Fol. 349
• Against whom it lies. Fol. ib.
• In what cases this lies not. Fol. ib.
• The writ. Fol. 350
• The Count. Fol. 351
• The Process. Fol. ib.
• The bar. Fol. 352
• The judgement. Fol. ib.

Replevin.

• IN what Court it lies. Fol. 353
• Who shall have a Replevin. Fol. 354
• Against whom a Replevin lies. Fol. 356
• Of what things a Replevin lies. Fol. 357
• The writ. Fol. 359
• The process, 1. of a man replevied, 2. of chattels. Fol. 361
• Second Deliverance. Fol. 362
• In what case a man may distrain. Fol. 364
• Of what things a man may distrain. Fol. 369
• What person shall distrain. Fol. 373
• At what time a man may distrain. Fol. 374
• In what place a man may distrain. Fol. 375
• What distress shall be sold. Fol. 378
• What shall not be said to be a distress excessive. Fol. ib.
• 1. The Bar, 2. Justification, 3. Conusance, 4. Avowry. Fol. 379
• Who shall avow. Fol. 381
• For what things a man may avow. Fol. 384
• Seifin in avowry, in whom it may be alledged. Fol. 386

• By what hands Seisin shall be alledged. Fol. 386
• In what time Seisin ought to be alledged. Fol. 388
• When it is not requisite to alledge Seisin. ib.
• What Seisin shall be good. ib.
• Bar to an Advowry. Fol. 390
• Judgment. 397

Trespass.

• IN What Court Trespass lies. Fol. 405
• Who shall have Trespass. Fol. 407
• Against whom Trespass lies. Fol. 422
• For what matter Trespass lies, viz. for the doing of wrong to the dammage of another. 1. Touching Inheritance. 2. Touching Chattels. 3. Touching the body. Fol. 432

Error.

• IN what Court Error shall be redressed. Fol. 453
• Who shall have a Writ of Error. Fol. 461
• The Writ of Error. Fol. 468
• The Process in Error, 1. upon a judgement in Ireland, 2. upon a Bill sealed, 3. judgement in another Court. Fol. 469
• Diminution in Error, 1. by whom, 2. in what cases, 3. at what time. Fol. 472
• The assignments of Errors, 1. by whom, 2. at what time. 3. upon what Record, 4. of what things. Fol. 474
• Barr in Error. Fol. 491
• Iudgement in Error, 1. for the Plaintiff, 2. for the Defen∣dant, 3. for both. Fol. 493
• Execution in Error. Fol. 495