ANALYSIS OF BOOK III. OF PRIVATE WRONGS. CHAPTER I. OF THE REDRESS OF PRIVATE WRONGS, BY THE MERE ACT OFT HE PARTIES. 1. WRONGS are the privation of right; and are, I. Private. II. Public. 2 2. Private wrongs, or civil injuries, are an infringement, or privation, of the civil rights of individuals, considered as individuals. 2 3. The redress of civil injuries is one principal object of the laws of England. 3 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. 3 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. 3 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 nusances. 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 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, I. Accord. II. Arbitration. 15, 16 CHAPTER II. 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 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. 25 CHAPTER IV. OF THE PUBLIC COURTS OF COMMON LAW AND EQUITY. 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 ExchequerChamber. 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, |