16. Who are His Majesty's counsel learned in the law, and his attorney and solicitor general; and what are their restrictions? 27.

17. To what does a patent of precedence en title a barrister? 28.

18. Who are clients? 28.

19. Can a counsel maintain an action for his fees? 28.

20. For what spoken by him, is a counsel not answerable? 29.

21. How are counsel, guilty of deceit or col lusion, punishable by the statute Westm. 1., 3 Edw. I. c. 28.? 29.

17. Where lies an appeal from this court?

18. What is the court of exchequer (scaccharium); why is it so called; and what is its rank? 44.

19. Of what two divisions does it consist? and what are the two subdivisions of the second division? 44.

Law, and Equity.

1. Os what two natures are courts of justice, with regard to their several species? 30. 2. Of what four sorts, are public courts of justice? 30.

3. What are the ten general and public courts of common law and equity, constituted for the redress of civil injuries, begining with the lowest; and of these ten, which are of a partial jurisdiction, and confined to particular districts, and which are the superior courts, calculated for the administration of redress throughout the whole kingdom, which are courts of record, and which not, and which are courts of equity as well as law? 52-55. 37. 41. 44 47, 48. 56, 57.

4. What is the court of piepoudre; who is the judge of it; what is its jurisdiction; and where lies an appeal from it? 32, 33.

5. What is the court-baron? by whom is it held as registrar; and of what two natures is it? 33.

6. Before whom, as judges, is the court baron of the second, or common-law, nature held; what pleas may it hold; whither may its proceedings be removed; and where lies an appeal from it? 34.

7. What is a hundred-court; who are its judges and registrar; whither may its proceed ings be removed; and where lies an appeal from it? 34, 35.

8. What is the country-court; what pleas may it hold; who are its real judges, and who its ministerial officer; whither may its proceedings be removed; and where lies an appeal from it? 36, 37.

9. What is the origin of the court of common pleas or common bench; and by what was the court rendered fixed and stationary, where? 38, 39.

19. What benefit did the common law itself derive from this establishment of its principal court? 39.

21. But by what fiction, with the help of the common law part of this court's jurisdiction, may all kinds of personal suits be prosecuted in it? 45, 46.

22. Where lies an appeal from the equity side of this court; and where from the common law? 46.

23. What is the court of chancery (cancellaria); why is it so called; and how is the office of chancellor or lord keeper, created? 47.

24 What is the chancellor virtuto officii; and what are his powers and authorities? 47, 48.

25. Of what two distinct tribunals does the court of chancery consist? 48

26. What is the jurisdiction of the ordina ry legal court in chancery; what, if any fact be disputed between the parties, and where lies an appeal from its judgments in law? 48, 49.

27 What writs issue from the common law court in chancery; and what is the origin of the hanaper and petty bag offices? 49.

28 What is the origin of the separate juris diction of the chancery, as a court of equity? 51-53

29. How was that notable dispute decided which was set on foot by Sir Edward Coke, when chief justice of the court of King's bench, whether a court of equity could give relief after, or against a judgment at the common law? 54.

30. What chancellor first built a system of equitable jurisprudence and jurisdiction upon wide and rational foundations, and occasioned the power and business of the court of chan. cery, to increase to its present amazing degree? 56.

31. Where lies an appeal from this court of equity in chancery; and what two differences are there between appeals from a court of equi ty, and writs of error from a court of law? 56,

33. Where lies an appeal from this court? 57.

34. What is the nature of the house of peers as a court of judicature; and where lies an ap peal from it? 57.

35. What is an eleventh species of courts, of general jurisdiction and use, which are derived out of, and act as collateral auxiliaries to, the foregoing? 58.

36. Of what are these courts composed; how often in the year are they instituted; and for what purpose? 58, 59.

37. By virtute of what five several authorities do the judges upon their circuits now sit? 60.

38. What is a commission of assise? GO.

39. What is a commission of nisi prius? 60.

tion.

1. WHAT are the ten courts, whose jurisdic tion is private and special, confined to particular spots, or instituted only to redress particular injuries? 71. 73–75. 77-80 83.

2. What were the forest-courts? 71–73. 3. By whom is the court of commissioners of sewers appointed; what are their jurisdiction and power; and under whose control are they? 73, 74

4 What are the power and jurisdiction of the court of policies of assurance; by whom may it be appointed; of whom does it consist; and why has it fallen into disuse? 74, 75

5 What is the origin of the court of the marshalsea, and the palace-court at Westminster; how were both revived by King Charles I.; what is their present jurisdiction; how may their proceedings be removed; and where lies an ap

from the civil ? 62.

2. What are the seven principal courts of ecclesiastical jurisdiction, or, as they are often styled, courts Christian (curie Christianitatis), beginning with the lowest? 64-67

3. What is the jurisdiction of the archdea con's court; before whom may it be held; and where lies an appeal from it? 64.

4. What is the jurisdiction of the consistory court of every diocesan bishop? where is it held; who is the judge; and where lies an appeal from it? 64.

5. What is the court of arches; why is its judge called dean of the arches; what is now the jurisdiction of the court: and where lies an Ifrom it? 64, 65. appe

6. What is the court of peculiars; what is its jurisdiction; and where lies an appeal from it? 65

7. What is the jurisdiction of the prerogative court: by whom is the judge appointed; and where lies an appeal from it? 65, 66.

8. What is the nature of the court of delegates (judices delegati); and by whom are they appointed? 66, 67.

9. What is a commission of review? 67. 10. What is the only court military known to, and established by, the permanent laws of the land; before whom is it held; of what has it cognizance; and where lies an appeal from it? 68

11. What are the three maritime courts; and what are their power and jurisdiction? 68,

69.

12. Before whom is the court of admiralty held; according to the method of what law are its proceedings; and where is it held?

69.

13. Where lies an appeal from the ordinary sentences of the admiralty judge; but, in cases of prize vessels taken in the time of war in any part of the world and condemned in any of the courts of admiralty or vice-admiralty as lawful prize, where lies an appeal? 69.

6. What are the courts of the principality of Wales; by whom are the judges of session appointed: what is their jurisdiction; and where lies an appeal from their judgments? 77.

7. What writs of process of the King's courts at Westminster run into the principality of Wales; and when may actions between Welch parties be brought in the English courts, and where may they be tried? 77,

78

8. What are the nature and jurisdiction of the court of the duchy-chamber of Lancaster; and before whom may it be held? 78.

9. What is the jurisdiction of the courts ap pertaining to the counties palatine of Chester, Lancaster, and Durham, and the royal franchise of Ely; under whose government are these franchises; and by virtue of what do the judges of assize sit therein? 78, 79.

10. What franchises and exclusive jurisdiction (before whom) have the cinque ports of Dover, Sandwich, Romney, Hastings, and Hythe, to which Winchelsey and Rye have been added; and what is the progress of an appeal from them? 79.

11. Why may all prerogative writs issue to these exempt jurisdictions? 79

12. What are the stannary courts in Devon→ shire and Cornwall; and before whom are they held? 79.

13. What are the privileges of tinners; and what is the progress appeal from decisions in a stannary court? 80.

14. What is the origin of the several courts within the city of London, and other cities, boroughs, and corporations, held by prescription, charter, or act of parliament; under what su perintendancy are they; and according to what law must their proceedings be? 80, 81.

15. What are the nature and constitution of the courts of requests or courts of conscience; and wherein do their proceedings vary from the course of the common law? 81.

16. What does the commentator recommend, in preference to the courts of requests; and why? 82, 83.

17. In what one instance have the proceedings in the county and hundred courts been again revived by the statute 23 Geo. III. c. SS.; and what does it enact? 83.

18. What are the jurisdiction and system of jurisprudence of the chancellor's courts in the two universities of England; and why, in the reign of Queen Elizabeth, was an act of parliament obtained, confirming all the charters of the two universities? 83-85.

19. Who is the judge of the chancellor's court; and what is the progress of an appeal from its decisions? 35.

19. What if the judge of any spiritual court excommunicate a man for a cause, of which he hath not the legal cognizance? 101.

20. What acts is an excommunicated person disabled from doing? 102.

21. What are writs of significavit, or de excommunicato capiendo, and de excommunicato deliberando; when, and whence do they issue; and what are their effects? 102.

22. What assistance is given by the statutes 27 Hen. VIII. c. 20., and 32 Hen. VIII, c. 7. in case of subtraction of tithes ? 102, 105.

Wrongs.

1. Or what three classes are wrongs or injuries cognizable by the ecclesiastical court, not for the sake of the party injuring (pro salute animæ), but for the sake of the party injured? .87, 88.

2. From what five principal injuries, do the pecuniary causes, cognizable in the ecclesiastical court, arise? 88-92.

3. When will a suit for tithes lie in ecclesiastical courts? 88, 89.

4. What, by the antient law, and by the statute 2 & 3 Edw. VI. c. 13. is the penalty, in case any person shall carry off his predial tithes before the tenth part be duly set forth, or agreement be made with the proprietor, or shall withdraw his tithes of the same, or shall hinder the proprietor of the tithes, or his deputy, from viewing, or carrying them away? 89.

5. But how may what tithes and dues be recovered, by statutes 7 W. III. c. 6., and 8 W. III. c. 34.? 89, 90.

6. When will a suit for fees lie in the ecclesitastical courts? 90.

7. When has a curate a remedy for his salary, in the ecclesiastical court? 90.

8. What is spoliation, and when is it cogniza ble in the spiritual court? 90, 91.

9. When will the temporal courts interfere with the spiritual in causes matrimonial? 93. 10. What are the four principal matrimonial causes, now cognizable in the ecclesiastical courts? 93, 94.

11. When does the ecclesiastical law decree a divorce à mensâ et thoro, and when à vinculo -matrimonii? 94.

12. What are the three principal-testamentary causes, belonging to the ecclesiastical juris cliction? 98.

13. In what cases of testamentary causes do the courts of equity exercise a concurrent jurisdiction with the ecclesiastical courts; and why?

98.

24. Of what two civil injuries, is it cogniza ble? 105, 104.

25. Will an action for words lie, and what remedy can the court military give as a court of honour? 104.

26. What were the proceedings of the court military, as a court of heraldry and precedence; and why has it fallen into disuse?

105.

27. What deeds and records of the heralds are received in a court of justice? 105. 28. How has the house of lords provided for the descent of peers? 106.

of

29. Have the courts maritime cognizance any thing done by water within the body of any county, of wrecks, of things flotsam, jetsam, and ligan, of seamen's wages contracted for on land, of charter-parties, or ship covenants, or of contracts made upon sea to be performed in England; and what is the general rule as to their jurisdiction? 106, 107.

30. By what fiction of common law, has the cognizance of suits been drawn from the courts of admiralty to those of Westminsterhall? 107.

31. What, if a question, that is proper for the cognizance of the court of admiralty, should arise in a cause, of which that court hath not the original jurisdiction; or, if a question, properly determinable by the common law, should arise in a cause, of which the court of admiralty hath the original jurisdiction? 103.

32. Upon what laws are the proceedings of the courts of admiralty founded? 108.

33. What are their process and power? 108, 109.

34. What injuries are cognizable by the courts of common law? 109.

35. What is the remedy, when justice is either refused or delayed by an inferior court, that has proper cognizance of the cause? 109.

56. What is a writ of procedendo ad judicium; and when, and whence, does it issue? 109, 110.

37. What is a writ of mandamus; and wheu, and whence, does it issue? 110, 111.

38. What is a peremptory mandamus; when does it issue; and what if a false return should be made to it? 111.

39. What is the remedy, when an inferior court encroaches on its jurisdiction, or calls one coram non judice, to answer in a court that has no legal cognizance of the cause? 111.

quated these three remedies of false imprisonment; and to what hath it caused a general recourse to be had, in behalf of persons thus aggrieved? 129.

44. What four kinds of the writ of habeas corpus, are made use of by the courts at Westminster, for removing prisoners from one court to another, in the more easy administration of justice? 129, 130

45. What is the habeas corpus ad respondendum? 129.

46. What is that ad satisfaciendum? 129. 47. What are those ad prosequendum, testificanduin, deliberandum, &c.? 129

48. What is the common writ ad faciendum et recipiendum; and why is the writ frequently denominated an habeas corpus cam causa? 129, 130.

49. Upon what is this writ grantable, and what is its effect? 130.

50. But what is ordered by the stat. 1 & 2 P. & M. c. 13. in order to prevent the surreptitious discharge of prisoners? 130.

51. And what is enacted by statutes 21 Jac. I. c. 23., 12 Geo. I. c. 29., and 19 Geo. III. c. 70., in order to avoid vexatious delays, by removal of frivolous causes? 130, 131.

52. But what is the great and efficacious writ, in all manner of illegal confinement? what does it direct; and when, whence, and whither does it issue? 131, 132.

53 How must this writ be obtained; and why? 132, 133.

54. When is this writ a writ of right, in whom against whom? 133.

55. What is it absolutely necessary to express upon every commitment? 134.

56. What does the statute 16 Car. I. c. 10. §8. enact, as to the writ of habeas corpus? 135.

57. What does the famous habeas corpus act, 31 Car. II. c. 2., enact; but to what commitments only does it extend? 136, 137.

58. What, if the writ be not immediately obeyed? 137.

59. What is the satisfactory remedy for the injury of false imprisonment? 138.

60. What four relations of persons do injuries, which affect the relative rights of individuals, particularly affect? 139.

61. What are the three principal injuries which may be offered to a husband? 139.'

62 What does the law always suppose, case of abduction; and why? 189.

in

63. What two species of remedy has the husband for this injury? 139.

64. What satisfaction does the law give a husband for the civil injury of adultery?

139.

65. By what circumstances are the damages, recovered for this injury increased or diminished? 140.

66 In what cases, must marriage in fact be proved? 140.

67. When does the law give the husband a separate remedy, by an action of trespass, per quod consortium amisit? 140.

68. Of what two kinds were injuries that might be offered to persons, considered in the relations of parent or guardian; and provided either be still an injury, what is the remedy? 140, 141.

69. But what more speedy and summary

method of redressing all complaints, relative to wards and guardians, hath of late obtained; and what is expressly provided by statute 12 Car. II. c. 24. as to testamentary guardians? 141, 142.

70 What two species of injuries are incident to the relation between master and servant, and the rights accruing therefrom? 142.

71. Who have what two remedies, in case one man beat or confine another's servant? 142.

CHAP. IX.-Of Injuries to Personal Property.

1. Or what two natures are the injuries which may be offered to the rights of property? 144.

2. What are the two sorts of injuries, which may be offered to the rights of personal property? 145

3. To what two species of injuries, are the rights of personal property in possession liable? 145.

4. Into what two branches, is dispossession divisible? 145.

5. Of what two kinds is the remedy, which the law has given for an unlawful taking of goods? 145, 146.

6. By what two species of action, is the actual specific possession of the identical personal chattel restored to the proper owner? 146.

7. Why may this be done in the case of distress, more than in any other? 146.

8. What are the two species of rescous, and their several remedies? 146.

9. What is an action of replevin; and what do the statutes of Marlbridge, and of 1 P. & M. c. 12, direct the sheriff to do concerning replevin? 147.

10. In pursuance of the statute of Westm. 2. 13 Edw. I. c. 2., for what two things is security to be given, by the party replevying, to the sheriff or his deputy; and what does the statute 11 Geo. II. c. 19. require besides, of the officer granting a replevin on a distress for rent? 147, 148.

11. But what if the distreinor claim any property in the goods so taken, and to keep them by a kind of personal remitter? 148

12. And what if the sheriff return, that the goods or beasts are eloigned, elongata, carried to a distance, to places to him unknown?

149.

13. When can goods taken in withernam De replevied? 149.

14. Upon action of replevin brought, when does the distreinor or defendant make avowry, and when cognizance? 150.

15. What if the cause be determined for the plaintiff; and what, if for the defendant; and what does the statute of Westm. 3. c. 2. enact in this latter event? 150.

16. When shall the plaintiff have a writ of second deliverance and the defendant a writ of return irreplevisable; and what are they? 150.

17. What does the statute 17 Car. II. c. 7. direct, if the plaintiff in an action of replevin be nonsuit before issue joined, or if judgment be given against him on demurrer.