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 antient good title, which protects his ill-acquired possession. Page 18-21

CHAPTER III.

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.

22

2. Herein may be considered, I. The courts themselves. II. The cognizance 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.

23, 24 4. Incident to all courts are, a plaintiff, defendant, and judge: and with us, there are also usually attorneys; and advocates or counsel, viz. either barristers, or serjeants at law.

CHAPTER IV.

OF THE PUBLIC COURTS OF COMMON LAW AND EQUITY.

25

1. COURTS of justice, with regard to their several species, are I. Of a public or general jurisdiction throughout the realm. II. Of a private or special jurisdiction.

30

2. Public courts of justice are, I. The courts of common law and equity. II. The ecclesiastical courts. III. The military

courts. IV. The maritime courts.

30

3. The general and public courts of common law and equity are, I. 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 Assise and Nisi Prius. 32-60

CHAPTER V.

OF COURTS ECCLESIASTICAL, MILITARY, AND MARITIME.

1. ECCLESIASTICAL courts, (which were separated from the temporal by William the Conqueror), or courts Christian, are,

I. The court of the Archdeacon. 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. Page 62-68 2. The only permanent military court is that of chivalry; the courts martial, annually established by act of Parliament, being only temporary.

67

3. Maritime courts are, I. The court of Admiralty and ViceAdmiralty. 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. 68

ers.

CHAPTER VI.

OF COURTS OF A SPECIAL JURISDICTION.

COURTS of a special or private jurisdiction are, I. The forest courts; including the courts of attachments, regard, sweinmote, and justice-seat. II. The court of Commissioners of SewIII. 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 certain courts baron and county courts. X. The courts of the two Universities. 71-85

CHAPTER VII.

OF THE COGNIZANCE OF PRIVATE WRONGS.

1. ALL private wrongs or civil injuries are cognizable either in the courts ecclesiastical, military, maritime, or those of common

law.

2. Injuries cognizable in the ecclesiastical courts are, I. Pecuniary. II. Matrimonial. III. Testamentary 87-98

3. Pecuniary injuries, here cognizable, are, I. Subtraction of tithes. For which the remedy is by suit to compel their payment, or an equivalent; and also their double value. II. Nonpayment of ecclesiastical dues. Remedy: by suit for payment, III. Spoliation. Remedy: by suit for restitution. 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.

88-92

4. Matrimonial injuries are, I. Jactitation 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. Page 92-95

5. Testamentary injuries are, I. Disputing the validity of wills. Remedy: 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 proceeding's 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 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. 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, cognizable by these, and other, inferior courts; viz. I. Refusal, or neglect, of justice. Remedies by writ of procedendo, or mandamus. II. Encroachment of jurisdiction. Remedy: by writ of prohibition.

109-114

CHAPTER VIII.

OF WRONGS, AND THEIR remedieS, RESPECTING THE RIGHTS OF PERSONS.

1. IN treating of the cognizance of injuries by the courts of common law, may be considered, I. The injuries themselves, and their respective remedies. II. The pursuit of those remedies in the several courts. . . 115

2. Injuries between subject and subject 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

115

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 satisfaction in da

mages.

Page 116 4. The instruments by which these remedies 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. Personal 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 referred to the next book.

119

8. Injuries to the limbs and body are, I. Threats. II. Assault. III. Battery. IV. Wounding. V. Mayhem. Remedy; by action of trespass vi et armis, for damages.

120

9. Injuries to health, by any unwholesome practices, are remedied by a special action of trespass on the case, for damages. 121

10. Injuries to reputation are, I. Slanderous and malicious words. Remedy: by action on the case, for damages. II. Libels. Remedy the same. III. Malicious prosecutions. Remedy: by action of conspiracy, or on the case, for damages. 123

11. The sole injury to personal liberty is false imprisonment. Remedies: I. By writ of, 1st, mainprize; 2dly, odio et atia; 3dly, homine replegiando; 4thly, habeas corpus; to remove the wrong. II. By action of trespass; to recover damages.

127-138

12. For injuries to private property, see the next chapter. 13. Injuries to relative rights affect, I. Husbands. II. Parents. III. Guardians. IV. Masters.

138

14. Injuries to an husband are, I. Abduction, or taking away his wife. Remedy: by action of trespass de uxore rapta et abducta, to recover possession of his wife, and damages. II. Criminal conversation with her. Remedy: by action on the case, for damages. III. Beating her. Remedy: by action on the case, per quod consortium amisit, for damages. 139

15. The only injury to a parent or guardian, is the abduction of their children, or wards. Remedy: by action of trespass, de filiis, vel custodiis, raptis vel abductis; to recover possession of them, and damages.

140, 141 Re

16. Injuries to a master are, I. Retaining his servants. medy by action on the case, for damages. II. Beating them.

Remedy by action on the case, per quod servitium amisit; for damages.

Page 141-143

CHAPTER IX.

OF INJURIES TO PERSONAL PROPERTY.

1. INJURIES to the rights of property, are either to those of personal, or real, property. 144

2. Personal property is either in possession, or in action. 144 3. Injuries to personal property in possession are, I. by dispossession. II. By damage, while the owner remains in posses

sion.

144

4. Dispossession may be effected, I. By an unlawful taking. II. By an unlawful detaining.

144

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, poundbreach, or on the case; 2dly, in case of other unlawful takings, by action of trespass, or trover. 145-151

6. For the unlawful detaining of goods lawfully taken, the remedy is also, I. Actual restitution; by action of replevin, or detinue. II. Satisfaction in damages; by action on the case, for trover and conversion.

151

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 consequential damage. 153 8. Injuries to personal property, in action, arise by breach of contracts, 1. Express. II. Implied.

153

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 covenants. Remedy: by action of covenant, 1st, to recover damages in covenants personal; 2dly, to compel performance in covenants real. III. By non-performance of promises, or assumpsits. Remedy: by action on the case, for damages. 154-158

10. Implied contracts are such as arise, I. From the nature and constitution of government. II. From reason and the construction of law.

158

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, frequently a qui tam action)