CHAPTER I.

Page

2

OF THE REDRESS OF PRIVATE WRONGS, BY THE MERE ACT OF THE PARTIES 2 to 16 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, considered as individuals

3. The redress of civil injuries is one principal object of the laws of England

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. Recaption of goods. III. Entry on lands and tenements. IV. Abatement of nuisances. V. Distress-for rent, for suit or

2

3

3

fil service, for amercements, for damage, or for divers statutable penaltiesmade of such things only as are legally distreinable; and taken and disposed of according to the due course of law. VI. Seizing of heriots, &c. 3-15 7. Of the second sort are, T. Accord. II. Arbitration

15, 16

30

30

ancient of record county court. V. The court of Com. held at eve mon Pleas. VI. The court of King's Bench. VII. The court of Exchequer far w 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 Assise and Nisi Prius

32-60

CHAPTER II.

CHAPTER V.

18 to 21

OF REDRESS BY THE MERE OPERATION OF LAW 1. Redress effected by the mere operation of law, is, I. In case of retainer; where a creditor is executor or administrator, and is thereupon allowed to retain his own debt. II. In the case of remitter; where one, who has a good title to lands, &c., comes into possession by a bad one, and is thereupon remitted to his ancient good title, which protects his ill-acquired possession

CHAPTER III.

18-21

22 to 25

OF COURTS IN GENERAL 1. Redress that is effected by the act both of law and of the parties, is by suit or action in the courts of justice 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 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

22

23

23-24

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 Re-
view
62-68

2. The only permanent military court is
that of chivalry; the courts martial
annually established by act of Parlia-
ment, 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

ཝཱཐཱསྶ,

Page

cluding the courts of attachments, re-

gard, sweinmote, and justice-seat. II.

The court of Commissioners of Sew-

ers. III. The court of policies of as-

surance. IV. The court of the Mar-

shalsea 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 certain
courts baron and county courts.
The courts of the two Universities 71-85

CHAPTER VII.

X.

1. All private wrongs or civil injuries

are cognizable either in the courts

ecclesiastical, military, maritime, or

those of common law

II.

For

2. Injuries cognizable in the ecclesias-

tical courts are, I. Pecuniary.

Matrimonial. III. Testamentary

3. Pecuniary injuries, here cognizable,

are, I. Subtraction of tithes.

which the remedy is by suit to compel

their payment, or an equivalent; and

also their double value. II. Non-pay-

ment of ecclesiastical dues. Reme-

dy: by suit for payment. III. Spo-

liation. Remedy: by suit for restitu-

tion. IV. Dilapidations. Remedy:

By suit for damages. V. Non-repair

of the church, &c.; and non-payment

of church-rates. Remedy: by suit to

compel them

hul Matrimonial injuries are, I. Jactita-

tion of marriage. Remedy: by suit

many for perpetual silence. II. Subtrac-

tion of conjugal rights. Remedy: by

suit for restitution. III. Inability for

the marriage state. Remedy: by suit

for the for divorce. IV. Refusal of decent

maintenance to the wife. Remedy:

by suit for alimony

86

87-8

88-92

92-95

95-98

5. Testamentary injuries are, I. Disput-

ing the validity of wills. Remedy:

by suit to establish them. II. Ob-.

structing of administrations. Reme-

dy: by suit for the granting_them.

III. Subtraction of legacies. Reme-

dy: by suit for the payment

6. The course of proceedings herein is

much conformed to the civil and canon

law: but their only compulsive pro-

cess is that of excommunication;

which is enforced by the temporal writ

of significavit or de excommunicato

capiendo

98-103

7. Civil injuries, cognizable in the court

military, or court of chivalry, are, I.

Injuries in point of honour. Remedy:
by suit for honourable amends. II.
Encroachments in coat-armour, &c.

8. Civil injuries cognizable in the courts

maritime, are injuries, in their nature

of common law cognizance, but aris-

ing 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, com-

missible by these, and other, inferior

courts; viz. I. Refusal, or neglect, of

justice. Remedies: by writ of pro-

cedendo, or mandamus. II. Encroach-

ment of jurisdiction. Remedy: by writ

of prohibition

CHAPTER VIII.

109-114

OF WRONGS, AND THEIR REMEDIES,

RESPECTING THE RIGHTS OF PER-

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 reme-

dies. II. The pursuits of those reme-

dies in the several courts

2. Injuries between subject and subject,

cognizable by the courts of common

law, are in general remedied by put-

ting the party injured into possession

of that right whereof he is unjustly

deprived

115

115

3. This is effected, I. By delivery of

the thing detained to the rightful own-

er. II. Where that remedy is either

impossible or inadequate, by giving the

party injured a satisfaction in damages 116

4. The instruments by which these re-

medies may be obtained, are suits or

actions; which are defined to be the

legal demand of one's right and

these are, I. Personal. II. Real. III.

Mixed

116-118

5. Injuries (whereof some are with,

others without, force) are, I. Injuries

to the rights of persons. II. Injuries

to the rights of property. And the

former are, I. Injuries to the absolute.

II. Injuries to the relative, rights of

persons

118-119

6. The absolute rights of individuals

are, I. Personal security. II. Per-

sonal liberty. III. Private property.

(See Book I. Ch. I). To which the

injuries must be correspondent

119

7. Injuries to personal security are, I.

Against a man's life. II. Against

his limbs. III. Against his body.

IV. Against his health. V. Against

his reputation. The first must be re-

ferred to the next book

9. Injuries to health, by any unwhole-
some practices, are remedied by a
special action of trespass on the case,
for damages

10. Injuries to reputation are, I. Slan-
derous and malicious words. Reme-

dy by action on the case, for da-
mages. II. Libels. Remedy: the
same. III. Malicious prosecutions.
Remedy by action of conspiracy, or
on the case, for damages

11. The sole injury to personal liberty

is false imprisonment. Remedies: I.

By writ of, 1st, mainprize; 2ndly,

odio et atia; 3rdly, homine replegiando;

4thly, habeas corpus; to remove the

wrong. II. By action of trespass; to

recover damages

Page

121

123

127-138

12. For injuries to private property, see

the next chapter.

13. Injuries to relative rights affect, I.

Husbands. II. Parents. III. Guar-

dians. IV. Masters

:

14. Injuries to an husband are, I. Ab-

duction, or taking away his wife.

Remedy by action of trespass de

uxore rapta et abducta, to recover pos-

session of his wife, and damages. II.

Criminal conversation with her. Re-

medy by action on the case, for

damages. III. Beating her. Reme-

dy: by action on the case, per quod

consortium amisit, for damages

15. The only injury to a parent or guar-

dian, is the abduction of their children,

or wards. Remedy: by action of tres-

pass, de filiis, vel custodiis, raptis vel

abductis; to recover possession of

them, and damages

16. Injuries to a master are, I. Retain-

ing his servants. Remedy: by action

on the case, for damages. II. Beat-

ing them. Remedy: by action on

the case, per quod servitium amisit;

for damages

CHAPTER IX.

138

139

140-1

141-143

OF INJURIES TO PERSONAL PROPERTY

1. Injuries to the rights of property, are

either to those of personal, or real,

property

2. Personal property is either in posses-

sion, or in action

3. Injuries to personal property in pos-

session are, I. By dispossession. II.

By damage, while the owner remains

in possession

4. Dispossession may be effected, I. By

an unlawful taking. II. By an un-

lawful detaining

5. For the unlawful taking of goods and

chattels personal, the remedy is, I.

Actual restitution; which (in case of

a wrongful distress) is obtained by

action of replevin. II. Satisfaction in

damages: 1st, in case of rescous, by

action of rescous, pound-breach, or on

the case; 2ndly, in case of other

unlawful takings, by action of tres-

pass, or trover

144

144

144

145-151
6. For the unlawful detaining of goods

lawfully taking, the remedy is also, I.
Actual restitution; by action of reple-
vin, or detinue. II. Satisfaction in
damages; by action on the case, for
trover and conversion

7. For damage to personal property,
while in the owner's possession, the
remedy is in damages, by action of
trespass vi et armis, in case the act be
immediately injurious, or by action of
trespass on the case, to redress conse.
quential damage

8. Injuries to personal property, in ac-

tion, arise by breach of contracts, I.

Express. II. Implied

9. Breaches of express contracts are, I.

By non-payment of debts. Remedy:

1st. specific payment; recoverable by

action of debt. 2dly. Damages for non-

payment; recoverable by action on the

case. II. By non-performance of co-

venants. Remedy: by action of cove-

nant, 1st, to recover damages, in cove-

nants personal; 2dly, to compel per-

formance in covenants real. III. By

non-performance of promises, or as-

sumpsits. Remedy: by action on the

case, for damages

Page

151

153

153

11. Breaches of contracts implied in the

nature of government, are by the non-

payment of money which the laws

have directed to be paid. Remedy:

by action of debt; (which, in such

cases, is frequently a popular, fre-

quently a qui tam action) to compel

the specific payment; or sometimes

by action on the case, for damages 158-161

12. Breaches of contracts implied in rea-

son and construction of law, are by the

non-performance of legal presumptive

assumpsits: for which the remedy is

in damages; by an action on the case,

on the implied assumpsits. I. Of a

quantum meruit. II. Of a quantum va-

lebat. III. Of money expended for an-

other. IV. Of receiving money to an-

other's use. V. Of an insimul compu-

tassent, on an account stated; (the re-

medy on an account unstated being by

action of account). VI. Of perform-

ing one's duty, in any employment,

with integrity, diligence, and skill.

In some of which cases an action of

deceit (or on the case, in nature of de-

ceit) will lie