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 ...

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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.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
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 18, 2024.

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Execution against Guardian in Soccage: 1. per Common Law, 2. per Statute Law.

[unspec 1] By the Common Law it was but a Levari fa∣cias or Fieri facias: Coke 3. part 12. A. Herberts Case.

And this only within the year; for if the year passed, he was put to his Action of debt.

If the Process were not continued, 33 Hen. 6.49. pl. 33.

[unspec 2] Per Westm. 2. cap. 45. Scire facias is given after the year.

Per Westm. cap. 2.18. Elegit is given, Coke 3. part 12. a.

Per Marlebridge cap. 23. & Westm. 2. cap. 11. Capias was given in Process and by consequence, Capias ad satisfaciendum: Coke 3. part 12. a.

Per Westm. 2. cap. 11. If an Accountant be∣fore Auditors be found in Arrearages, he shall be by them committed to the next Goal in execu∣tion; but then they ought to commit him forthwith, Coke 8. part 119 b. Bonhams Case. 27 Hen. 6.8. Com. 17.

But if an Account be before the Plaintiff, he ought not to commit him to prison; because the Statute saith, before Auditors, 45 Edw. 3.14 pl. 13.