THE CONTENTS. HE Introduction touching the Original of the King's Bench and Common Pleas, TH Page 1 The King's Bench, the original Court out of which the other was formed, ib. The Judge thereof ftyled Capitalis Angliæ Justiciarius, 2 The Court of King's Bench called Curia Domini Regis ib. Removeable with the King's Houfhold ib. Caufes originally held there Common Pleas held therein ib. ib. County and Hundred Courts originally the Courts for Causes between Subject and Subject 3 Magna Charta made, or rather confirmed by King Henry 3. 4 A Curfe denounced against the Violaters of it, fee Note Common Pleas sever'd thereby held at Westminster Hall 6 7 8 The Study of the Common Law begun at this Time' Matters cognizable in the Common Pleas ib. ib. The Chief Justice thereof styled fufticiarius de Banco 2. ib. Writs 9 Writs therein returnable coram Juft' noftris. apud Westmon' Page 8 Lord Coke's Reasons why Common Pleas might be holden in the King's Bench By what Means the Court of King's Bench soon after Magna Charta began to take Cognizance of Common Pleas, viz. firft by Original out of Chancery, fecondly by Bill An Action Super Cafum, why called fo A fufticies for Debt, what Marshal of the King's Marshalfea, who 10 ib. II ib. Ejectments fupply Real Actions in both Courts Of an Action. An Action, why called fo The fuit till Judgment called an Action Of the commencing an A&ion in the 12 13 ib. ib. ib. By an Original Writ out of the Chancery The Direction of the Bill ib. 14 ib. ib. It used to be returned and filed before the La Filing the Bill the Ground-work of the Suit ib. Df the commencing an Atton in the Common Pleas. By an Original Writ iffuing out of the Chancery 17 The 18 taken up from the County and Hundred Courts The Ufe of Pledges, fee Note 19 Why the Defendant has no Addition in the King's Bench, fee Note 20 The Difference attending the Execution of the Original in Cafe, &c. 21 It makes the Variation in the formal Part of the Beginnings of the Declaration, fee Note ib. The Form of the Original in Cafe, Trefpafs, and Ejectment 22 The Form of it in Debt, Covenant, Annuity, Account, Detinue, and Replevin ib. It's Ufe was not to arrest the Defendant, but to fummon him The Return thereof Of the fubfequent Processes 23 24 ib. Of the Difufe of Real Pledges, and the new Method of Practice thereon by first suing out a Capias, without fummoning the Defendant Of an Outlawry Not used originally in Civil Actions But only in Felony An Outlaw faid to bear Caput Lupinum 25 ib. ib. ib. ib. In Bracton's Time used in Actions Vi et Armis By Stat. 13 Ed. 1. it lies in Account 26 ib. By Stat Ed. 3. enacted, That no Man but the Sheriff put an Outlaw to Death By 25 Ed. 3. it lies in Debt, &c. Of the Proclamation ib. The Court of King's Bench can't proceed to an Outlawry but by an Original Writ out of the Of the Fine upon Originals, why ib. When Præcipe's quod reddat begun to be laid Reflections on the Nature of the Beginnings of a Suit in both Courts, as unneceffary 31 Filing Bills against Prifoners, as now used, in no refpect confonant to ancient Practice- the Hardship upon them, fee Note 32 Suits are now generally ended before they are formally begun according to the ancient w w w w Of the Bill of Middlefex, and it's Ufe Of the Teftatum Bill, or Latitat Of the Ac etiam introduced therein Of the Alteration of the Latitat by it's fuppo- ib. Of the Abuse made of the Bill of Middlesex ib. Of the English Notice, when not bailable 42 Of thefe Processes as now used Of the Difference of the Ac etiam in the Bill of Of indorfing the Sum on the Back of the Writ Of the Method of procuring the Original out ib. 53 The Form of it with an Ac etiam according to Of the prefent Inftructions for thefe Writs to How Originals are now made out by the Cur- ib. |