Chapter

Commencing an Action<sup>1</sup>

Sir John Baker

in The Oxford History of the Laws of England

Published in print September 2003 | ISBN: 9780198258179
Published online March 2012 | e-ISBN: 9780191681806 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258179.003.0017

Series: The Oxford History of the Laws of England Series isbn 0-19-961352-4

Commencing an Action1

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This chapter examines the practice of commencing an action in the judicial system in England during the Tudor period. During this period, almost all actions in the Common Pleas had to be commenced by original writ issued from the Chancery. This process also applied to every such action in the King's Bench unless the cause of action arose in Middlesex or the defendant was a prisoner in the custody of the marshal. The writs exerted their dominion not only over procedure but also over the common law mind, such that there was no writ and there was no legal remedy.

Keywords: commencing an action; original writ; judicial proceeding; judicial system; Common Pleas; writ; legal remedy

Chapter.  7229 words. 

Subjects: History of Law

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