PAGE

Of the Redress of Private Wrongs by the mere act of the Parties, 1

Of Redress by the mere Operation of Law,..................................................................

Of Courts in General,...

18

22

...........

IV.

Of the Public Courts of Common Law and Equity,

80

V. Of Courts Ecclesiastical, Military and Maritime,.

Of Courts of a Special Jurisdiction,...

61

71

Of the Cognizance of Private Wrongs,.

86

VIII. Of Wrongs and their Remedies, respecting the Rights of Persons,.

IX. Of Injuries to Personal Property.

X. Of Injuries to Real Property, and first, of Dispossession, or Ouster,

of the Freehold,..

XI. Of Dispossession, or Ouster, of Chattels Real,

XIII Of Nuisance,.

XVII. Of Injuries proceeding from or affecting the Crown,.

XVIII. Of the Pursuit of Remedies by Action; and first, of the Original

254

SECTION L Proceedings on a Writ of Right Patent,.

457

II.

Proceedings on an Action of Trespass in Ejectment, by Original in

the King's Bench...

460

III.

Proceedings on an Action of Debt in the Court of Common Pleas,

removed into the King's Bench by Writ of Error,....

VII. Of Felonies injurious to the King's Prerogative,.

VIII. Of Præmunire,...

.........

IX. Of Misprisions and Contempts affecting the King and Government, 119

X. Of Offences against Public Justice,..

XI. Of Offences against the Public Peace,

iii

127

142

CHAPTER XII.

Of Offences against Public Trade,.....

PAGE.

154

XIII.

XIV.

Of Homicide,.

Of Offences against the Public Health, and the Public Police or

Economy,.......

161

176

XXI.

XXVIII.

XXIX.

XXXI. Of Reprieve and Pardon,.....

XV. Of Offences against the Persons of Individuals,

XVI. Of Offences against the Habitations of Individuals,

Of Offences against Private Property,..

Of the Means of Preventing Offences,.

Of Courts of Criminal Jurisdiction,.

Of Summary Convictions,.

Of Arrests,.

XVII.
XVIII.
XIX.
XX.

XXII. Of Commitment and Bail,.

.....

XXIII. Of the several Modes of Prosecution,

XXIV. Of Process upon an Indictment.

XXV. Of Arraignment and its Incidents,...

XXVI. Of Plea and Issue,

..........

XXVII. Of Trial and Conviction,.

Of the Benefit of Clergy,...

........

Of Judgment and its Consequences,.

ΧΧΧ. Of Reversal of Judgment,.

XXXII. Of Execution,.

XXXIII of the Rise, Progress and Gradual Improvements of the Laws of

Editor's Review,....

APPENDIX.

SECTION 1.

2.

Record of an Indictment and Conviction of Murder at the Assizes, 477

Conviction of Manslaughter,....

479

3.

4.

Entry of a Trial Instanter in the Court of King's Bench upon a Col-

lateral Issue; and Rule of Court for Execution thereon,....

Warrant of Execution on Judgment of Death, at the General Gaol

delivery in London and Middlesex......

479

480

5.

Writ of Execution upon a Judgment of Murder before the King in

Parliament,....

481

ANALYSIS OF THE CONTENTS OF THIS VOLUME.

CHAPTER L

OF THE REDRESS OF PRIVATE WRONGS BY THE MERE ACT OF THE PARTIES.

wrongs are divisible into private wrongs and public wrongs,...

private wrongs or civil injuries are an infringement or privation of the private

or civil rights belonging to individuals, considered as individuals,....

for their redress courts of justice are instituted,..

the redress is effected, 1, by the mere act of the parties; 2, by mere opera-

tion of law; 3, by suit or action in courts,...

redress by the mere act of the parties is, 1, that from the act of the in-

jured party only; 2, that from the joint act of all the parties,. . . . . . . . .

of the first sort are:

1. defence of one's self, and those who stand in the relation of hus-

band and wife, parent and child, master and servant.......

2. recaption of goods wrongfully taken, or wife, child or servant
wrongfully detained,..

8. entry on lands and tenements occupied by another without right,

4. abatement or removal of nuisance,.

5. distress for rent or other duties, or of cattle damage feasant,..

which is a taking of a personal chattel of the wrongdoer into the

custody of the party injured to procure satisfaction,..

the things which may be distrained,..

.....

distress should be made by day except in case of damage feasant,

and generally upon the premises,.

and for the whole duty at once,.

and must be reasonable in amount,

the property must be impounded,.

replevin of the property,

.......

.....................

PAGE.

1-17

......

12

13

6. seizing of heriots, &c.,.

15

of the second sort are.

1. accord, which is a satisfaction agreed upon between the party in-

jured and the party injuring,....

15

2. arbitration, which is where the parties submit the matters in dis-

pute to the judgment of arbitrators, sometimes adding an um-

pire,....

right to real property cannot be submitted,..

the submission may be made a rule of court,

CHAPTER IL

OF REDRESS BY THE MERE OPERATION OF LAW,....

redress by mere operation of law is by retainer and remitter,.

18-21

18

retainer is where a creditor becomes executor or administrator to his debtor,

in which case he may retain the amount of his own debt before paying

other debts of equal degree,.....

18

remitter is where one who has a good title to lands, &c., comes into posses-

sion by a bad one, and is thereupon remitted to his ancient good title, which

protects his possession,....

19

but the new title must be cast upon him, not gained by his own act or folly,. 20

CHAPTER IIL

OF COURTS IN GENERAL,.

22-29

redress of injuries in courts is effected by the co-operation of the act of the par-

ties and the act of the law,.....

22

V

...

OF COURTS IN GENERAL-(continued.)

court is a place where justice is judicially administered,.

PAGE.

where a party has a remedy by his own act, he has a remedy in court at his

option,...

........

the power to hold which is derived from the king, who, in contemplation of
law, is always present,.

against the truth of which records nothing can be averred,.
other courts are not of record, and have limited power,.

.....

...........

...............

........

some courts are of record, whose acts and proceedings are enrolled for a per-

petual memorial and testimony,..

in every court there are three constituent parts, the actor, the reus, and the

judex,..

also in superior courts, attorneys and advocates, or counsel,
the advocates are either barristers or sergcants, .
some of whom are king's counsel,.

they cannot maintain action for fees,.
their privileges and responsibilities,.

CHAPTER IV.

OF THE PUBLIC COURTS OF COMMON LAW AND EQUITY,.

courts of justice are either, 1, of a public or general jurisdiction throughout the

realm; or 2, of a private or special jurisdiction,...

historical view of courts,..

80-60

of the courts for the redress of civil injuries there are:

1. the court of piepoudre, incident to fairs and markets,.

2. the court-baron, incident to every manor, and holden by the steward,..

8. the hundred court, a larger species of court-baron,.

4. the county court, incident to the jurisdiction of the sheriff,
the new county courts,..

5. the court of common pleas, or common bench.

held by judges appointed by the king, with jurisdiction in all civil

cases,

6. the court of king's bench,.

which has general control of inferior jurisdictions and corporations,

and cognizance of civil and criminal causes,.

7. the court of exchequer,..

which is a court both of equity and common law,...

8. the court of chancery,.

which has certain common law jurisdiction,.

but its equity powers are of chief consequence,.

historical view thereof,..

9. the court of exchequer chamber, which is a court of appeal,.

10. the house of peers,..

11. the courts of assize and nisi prius,.

courts of the United States,......

CHAPTER V.

47

48

50

50-56

56

57

58

60n

OF COURTS ECCLESIASTICAL, MILITARY AND MARITIME,.

history of the ecclesiastical courts,.

1. the archdeacon's court, the most inferior,.

2. the consistory court, of every diocesan bishop,

8. the court of arches, a court of appeal belonging to the archbishop of Can-
terbury,...

4. the court of peculiars, a branch of the court of arches,.

5. the prerogative court for testamentary causes where there are bona notabilia

in two dioceses,..

6. the court of delegates, the great court of appeal in ecclesiastical causes,..

7. a commission of review, sometimes granted to revise the sentence of the

court of delegates,..

transfer of jurisdiction to matrimonial and probate courts,.

.......

of military courts, the only permanent one is the court of chivalry,.

maritime courts have authority to determine all maritime injuries arising upon the

high seas or in parts out of the reach of the common law,..

they are only the court of admiralty and its courts of appeal,.

of which the highest is now the judicial committee of the privy council,.............. 69n

the common law determines the jurisdiction of the ecclesiastical, military and

maritime courts, and keeps them within bounds,...

86-87

non-payment of ecclesiastical fees and dues...

spoliation, by a clerk or incumbent taking the fruits of his benefice with-

out right,..

remedy by decree for account,.

dilapidations, which are a sort of waste,.

remedy, by action for damages,

neglect of repair of church, &c.,.

92

2. matrimonial, which are:

jactitation of marriage, for which the remedy is to enjoin perpetual silence

on that head,.

93

subtraction of conjugal rights, the court being empowered to award

restitution,.....

94

cruelty, adultery, &c., for which a divorce a mensa et thoro may be

decreed,..

94

marriage in fraudem legis, in which case it will be adjudged void,..

refusal of proper maintenance to the wife, in which case alimony will be

awarded,..

94

94

8. testamentary causes, which are the probate of wills, the granting of ad-
ministrations and suing for legacies,....

these courts proceed according to the civil and canon laws, and enforce their de-
crees by excommunication,...

95-98

98-103

civil injuries cognizable in the court military or court of chivalry are injuries in
matters of honor, and encroachments upon distinctions of degrees and quality,. 103
civil injuries cognizable by the courts maritime are such as are committed on the
high sea, or out of the reach of common-law remedies,.

their proceedings resemble those of the civil law,.

106

108

all other injuries fall within the cognizance of the courts of common law,.

of which the refusal or neglect of justice is remedied by writ of procedendo or

mandamus,...

an encroachment of jurisdiction is remedied by writ of prohibition,.

CHAPTER VIII.

116

OF WRONGS AND THEIR REMEDIES RESPECTING THE RIGHTS OF PERSONS,........ 115-143

all wrong may be considered merely a privation of right, and the natural remedy

is the being put in possession of that right,..

this may be effected either by a delivery of the thing detained to the owner,

or by satisfaction in damages,.

the instruments by which remedy is obtained are suits and actions,.

which are divided into personal, real, and mixed......

.....

116

116

117

118

109

109

111

civil injuries are to the rights of persons or to the rights of property,

injuries to the rights of persons are, 1, to the absolute, 2, to the relative rights, 119

the absolute rights of individuals are, 1, personal security, 2, personal liberty,

8, private property,..

119