CHAPTER I.

PAGE

2 to 16

OF THE REDRESS OF PRIVATE

WRONGS BY THE MERE ACT OF

THE PARTIES

1. Wrongs are the privation of right;
and are, I. Private. II. Public

2. Private wrongs, or civil injuries,

are an infringement, or privation, of

the civil rights of individuals, con-

sidered as individuals. .

3. The redress of civil injuries is one

principal object of the laws of Eng-

land

4. This redress is effected, I. By the

mere act of the parties. II. By the

mere operation of law. III. By both

together, or suit in courts.

5. Redress by the mere act of the

parties is that which arises, I. From

the sole act of the party injured. II.

From the joint act of all the parties

6. Of the first sort are, I. Defence of

one's self, or relations. II. Recap-

tion of goods. III. Entry on lands

and tenements. IV. Abatement of

nuisances.. V. Distress-for rent,

for suit or service, for amercements,
for damage, or for divers statutable
penalties,-made of such things only
as are legally distrainable; and taken
and disposed of according to the due
course of law. VI. Seizing of heri-
ots, etc..

7. Of the second sort are, I. Accord.

II. Arbitration.

CHAPTER II.

OF REDRESS BY THE mere OpERA-

TION OF LAW.

2

3

3

3-15

15-16

18 to 21

PAGE

2. Herein may be considered, I. The

courts themselves. II. The cogni-

zance of wrongs, or injuries, therein.

And of courts, I. Their nature and

incidents. II. Their several species 23

3. A court is a place wherein justice

is judicially administered, by officers

delegated by the crown: being a

court either of record, or not of

record

4. Incident to all courts are, a plain-

tiff, defendant, and judge: and with

us, there are also usually attorneys,

and advocates or counsel, viz., either

barristers, or sergeants at law

CHAPTER IV.

23-24

25

3. The general and public courts of

common law and equity are, 1. The

court of piepoudre. II. The court-

baron. III. The hundred court. IV.

The county court. V. The court of

Common Pleas. VI. The court of

King's Bench. VII. The court of

Exchequer. VIII. The court of

Chancery. (Which two last are

courts of equity as well as law.) IX.

The courts of Exchequer-Chamber.

X. The house of Peers. To which

may be added, as auxiliaries, XI.

The courts of Assize and Nisi Prius.32-60

CHAPTER V.

OF COURTS ECCLESIASTICAL, MILI-

TARY, AND MARITIME

62-68

1. Ecclesiastical courts, (which were

separated from the temporal by Wil-

liam the Conqueror,) or courts Chris-

tian, are, I. The court of the Arch-

deacon. II. The court of the Bishop's

Consistory. III. The court of Arches.

IV. The court of Peculiars. V. The

Prerogative Court. VI. The court

of Delegates. VII. The court of

Review

.62-68

2. The only permanent military court
is that of chivalry; the courts-mar-
tial annually established by act of
parliament being only temporary.

3. Maritime courts are, I. The court

of Admiralty and Vice-Admiralty.

II. The court of Delegates. III. The

lords of the Privy Council, and others

authorized by the king's commission,

for appeals in prize-causes.

TION

CHAPTER VI.

PAGE

68

68

OF COURTS of a Special JURISDIC-

71 to 85

1. Courts of a special or private juris-

diction are, I. The forest courts; in-

cluding the courts of attachments,

regard, sweinmote, and justice-seat.

II. The court of Commissioners of

Sewers. III. The court of policies

of assurance. IV. The court of the

Marshalsea and the Palace Court.

V. The courts of the principality of

Wales. VI. The court of the duchy.

chamber of Lancaster. VII. The

courts of the counties palatine, and

other royal franchises. VIII. The

stannary courts. IX. The courts of

London, and other corporations:-

to which may be referred the courts

of requests, or courts of conscience;

and the modern regulations of cer-

tain courts-baron and county courts.

X. The courts of the two Universi-

2. Injuries cognizable in the ecclesias-

tical courts are, I. Pecuniary. II.

Matrimonial. III. Testamentary . 87-88

3. Pecuniary injuries, here cognizable,
are, I. Subtraction of tithes. For
which the remedy is by suit to com-
pel their payment, or an equivalent;
and also their double value. II. Non-
payment of ecclesiastical dues.
Remedy: by suit for payment. III.
Spoliation. Remedy: by suit for
restitution. IV. Dilapidations. Rem-
edy: By suit for damages. V. Non-
repair of the church, etc.; and non-
payment of church-rates. Remedy:
by suit to compel them.

4. Matrimonial injuries are, I. Jactita-

tion of marriage. Remedy: by suit

for perpetual silence. II. Subtraction

of conjugal rights. Remedy: by suit

for restitution. III. Inability for

the marriage state. Remedy: by suit

for divorce. IV. Refusal of decent

maintenance to the wife. Remedy:

by suit for alimony

88-92

92-95

PAGE

5. Testamentary injuries are, I. Dis-

puting the validity of wills. Rem-

edy: by suit to establish them. II.

Obstructing of administrations.

Remedy: by suit for the granting
them. III. Subtraction of legacies.
Remedy: by suit for the payment. 95-98
6. The course of proceedings herein is
much conformed to the civil and
canon law: but their only compulsive
process is that of excommunication;
which is enforced by the temporal
writ of significavit or de excommu-
nicato capiendo
98-103

7. Civil injuries, cognizable in the

court military, or court of chivalry,

I. Injuries in point of honor. Rem-

edy: by suit for honorable amends.

II. Encroachments in coat-armor,

etc. Remedy: by suit to remove

them. The proceedings are in a

summary method

. 103-106

8. Civil injuries cognizable in the

courts maritime are injuries in their

nature of common-law cognizance,

but arising wholly upon the sea, and

not within the precincts of any

county. The proceedings are herein

also much conformed to the civil

law.

106-109

.

9. All other injuries are cognizable

only in the courts of common law:

of which in the remainder of this

book

109-114

10. Two of them are, however, cog-
nizable by these, and other, inferior
courts: viz. 1. Refusal, or neglect, of
justice. Remedies: by writ of pro-
cedendo or mandamus. II. En-
croachment of jurisdiction. Rem-
edy: by writ of prohibition 109-114

SONS

CHAPTER VIII.

Of Wrongs, and their REMEDIES,

RESPECTING THE RIGHTS OF PER-

115 to 143

1. In treating of the cognizance of in-

juries by the courts of common law,

may be considered, I. The injuries

themselves, and their respective rem-

edies. II. The pursuits of those

remedies in the several courts. 115

2. Injuries between subject and sub-

ject, cognizable by the courts of

common law,are in general remedied

by putting the party injured into

possession of that right whereof he

is unjustly deprived

3. This is effected, 1. By delivery of
the thing detained to the rightful
owner. II. Where that remedy is
either impossible or inadequate, by
giving the party injured a satisfac-
tion in damages

4. The instruments by which these

remedies may be obtained are suits

or actions; which are defined to be

115

116