Sidebilder
PDF
ePub

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
The Action ends with the Judgment

Of the commencing an A&ion in the
King's Bench.

12

13

ib.

ib.

ib.

By an Original Writ out of the Chancery
Next by filing a Bill, thereby fuppofing the
Defendant in Cuftody of the Marshal

The Direction of the Bill

[blocks in formation]

ib.

14

ib.

ib.

It used to be returned and filed before the La

[blocks in formation]

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

[blocks in formation]

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.

[blocks in formation]
« ForrigeFortsett »