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 ...

Who shall have a Writ against Guardian in Soccage.

The Heir in ward shall maintain an Action a∣gainst him after the age of 14 years, or at his full age at his election. Littleton S. 123.

But Nat. br. 118. b. he shall not have it till the age of 21 years. Crook fol. 131. pl. 106. by reason of the words of the Statute of Marlebridge, cap. 17. scil. (cum ad aetatem pervenerit) 3 & 4 Ma∣riae, Dyer 137. pl. 25. New tenures 3. b. 18 Edw. 3.55. pl. 76. 29 Edw. 3. fol. 5. pl. 13. Vide Regist. origin. 136. Lib. Intra. 21. D. 8 R. 2. Gard. 166. 10 Rich. 2. Account 132. Doct. Stud. fol. 14. b. Old Nat. br. 91. A.

If the Heir in such case die before his full age, his Executor shall maintain an Action of Ac∣count, Crook 131. pl. 106. because it concerns a Chattel.

Yet note, the Heir in Gavel-kind at 15 years brought an Account against a Guardian in Soc∣cage, and shews, by the Custome he may alien at such age; and for this cause he was awarded to Account, per Welby. 29 Edw. 3. fol. 5. pl. 13. For if he may do the greater, he may do the less; to fell is more than to take an Account.

The Executor of an Heir shall have an Ac∣count,

per West. 2. cap. 23. Littleton 27. A. Crook 131. pl. 106.

Executor of an Executor shall have an Ac∣count by 25 Edw. 3. cap. 23. Com. 290.

Filius & Haeres Domini defuncti non habebit breve de computo, quia pertinet ad executionem ad∣ministrationis bonorum defuncti. Regist. Orig. 135. b

A Recusant shall not have an action for any thing that is seized into the hands of the King, 3 Jac. cap. 5. for the King is accountablle to no body.