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CONTENTS OF THIS VOLUME.
Of the Redress of Private Wrongs by the mere act of the Parties,
II. Of Redress by the mere Operation of Law,.................
Of the Public Courts of Common Law and Equity,
Of Courts Ecclesiastical, Military and Maritime,.
Of Courts of a Special Jurisdiction,....
IX. Of Injuries to Personal Property.
X. Of Injuries to Real Property, and first, of Dispossession, or Ouster,
XVII. Of Injuries proceeding from or affecting the Crown,.
XVIII. Of the Pursuit of Remedies by Action; and first, of the Original
XXIV. Of Judgment and its Incidents,..
XXV. Of Proceedings in the nature of Appeals..
L Proceedings on a Writ of Right Patent...
Proceedings on an Action of Trespass in Ejectment, by Original in
Proceedings on an Action of Debt in the Court of Common Pleas,
L. Of the Nature of Crimes and their Punishment,.
IL Of the Persons Capable of Committing Crimes,.
III. Of Principals and Accessories,..
IV. Of Offences against God and Religion,.
V. Of offences against the Law of Nations,.
VII. Of Felonies injurious to the King's Prerogative,..
IX. Of Misprisions and Contempts affecting the King and Government, 119
XV. Of Offences against the Persons of Individuals,.
XVI. Of Offences against the Habitations of Individuals,.
XVII. Of Offences against Private Property,..
XVIII. Of the Means of Preventing Offences,..
XIX. Of Courts of Criminal Jurisdiction,.
XXIII. Of the several Modes of Prosecution,.
XXIV. Of Process upon an Indictment.
XXV. Of Arraignment and its Incidents,.
XXIX. Of Judgment and its Consequences,.
XXXI. Of Reprieve and Pardon,....
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
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,.......
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
8. entry on lands and tenements occupied by another without right,
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,.
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,.
1. accord, which is a satisfaction agreed upon between the party in-
2. arbitration, which is where the parties submit the matters in dis-
pute to the judgment of arbitrators, sometimes adding an um-
6. seizing of heriots, &c.,.............
of the second sort are.
OF REDRESS BY THE MERE OPERATION OF LAW,.
redress by mere operation of law is by retainer and remitter,.
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
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
OF COURTS IN GENERAL,..
redress of injuries in courts is effected by the co-operation of the act of the par-
a court is a place where justice is judicially administered,.
the power to hold which is derived from the king, who, in contemplation of
some courts are of record, whose acts and proceedings are enrolled for a per-
against the truth of which records nothing can be averred,.
other courts are not of record, and have limited power,..
in every court there are three constituent parts, the actor, the rous, and the
also in superior courts, attorneys and advocates, or counsel,
courts of justice are either, 1, of a public or general jurisdiction throughout the
realm; or 2, of a private or special jurisdiction,...
8. the hundred court, a larger species of court-baron,.
4. the county court, incident to the jurisdiction of the sheriff,.......
5. the court of common pleas, or common bench...
held by judges appointed by the king, with jurisdiction in all civil
7. the court of exchequer,....
which has general control of inferior jurisdictions and corporations,
but its equity powers are of chief consequence,
9. the court of exchequer chamber, which is a court of appeal,.
OF COURTS ECCLESIASTICAL, MILITARY AND MARITIME,
history of the ccclesiastical courts,...
8. the court of arches, a court of appeal belonging to the archbishop of Can-
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
they are only the court of admiralty and its courts of appeal,..
OF THE COGNIZANCE OF PRIVATE WRONGS,....
the common law determines the jurisdiction of the ecclesiastical, military and
non-payment of ecclesiastical fees and dues,.
spoliation, by a clerk or incumbent taking the fruits of his benefice with-
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
8. testamentary causes, which are the probate of wills, the granting of ad-
these courts proceed according to the civil and canon laws, and enforce their de-
civil injuries cognizable in the court military or court of chivalry are injuries in
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
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,
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,
the absolute rights of individuals are, 1, personal security, 2, personal liberty,