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CONTENTS OF THIS VOLUME.

BOOK IV. OF PUBLIC WRONGS.

CHAPTEB of the Nature of Crimes and their Punishment,....

1

Of the Persons Capable of Committing Crimes,.

20

Of Principals and Accessories,....

84

Of Offences against God and Religion,.

41

Of offences against the Law of Nations,

66

VI. Of High Treason,...

74

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

94

VIII. Of Præmunire,..

103

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

X. Of Offences against Public Justice,...

127

Of Offences against the Public Peace,

142

iii

PAGR.

154

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CHAPTER L

PAOL.

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

1-17

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

2

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

or civil rights belonging to individuals, considered as individuals,.. 2

for their redress courts of justice are instituted,..

2

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,...

8

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, ...... 8

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...

3

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

4

8. entry on lands and tenements occupied by another without right, 5

4. abatement or removal of nuisance,..

6

6. 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,..

6

the things which may be distrained,.

7

distress should be made by day except in case of damage feasant, 10

and generally upon the premises,

11

and for the whole duty at once,.

11

and must be reasonable in amount,

12

the property must be impounded,

12

replevin of the property,.

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,....

16

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

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

pire,..

16

right to real property cannot be submitted,

16

the submission may be made a rule of court,

16

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OF REDRESS BY THE MERE OPERATION OF LAW,.

18-21

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

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

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24

24
25

CHAPTER V.

OF COURTS ECCLESIASTICAL, MILITARY AND MARITIME,

61-70

history of the ecclesiastical courts,.

61-61

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

64

2. the consistory court, of every diocesan bishop,.

64

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

65

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

65

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

in two diocesos,..

65

6. the court of delegates, the great court of appeal in ecclesiastical causes,.. 66
7. a commission of review, sometimes granted to revise the sentence of the
court of delegates,...

67
transfer of jurisdiction to matrimonial and probate courts,.

67n
of military courts, the only permanent one is the court of chivalry,.

68
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,...

69
they are only the court of admiralty and its courts of appeal,

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

PAOL

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CHAPTER VIL

OJ THE COGNIZANCE OF PRIVATE WRONGS,..

88-114

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

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

86-87

injuries cognizable in the ecclesiastical courts are:

1. pecuniary, including,

subtraction of tithes,...

88

non-payment of ecclesiastical fees and dues,..

89

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

out right,.....

90

remedy by decree for account,.

91

dilapidations, which are a sort of waste,

91

remedy, by action for damages,.

91

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,...

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,.. 94

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

awarded,

94

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

95-98
these courts proceed according to the civil and canon laws, and enforce their de-
crees by excommunication,...

98-103
civil injuries cognizable in the court military or court of chivalry are injuries in

matters of bonor, 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,.

106
their proceedings resemble those of the civil law,.

108

all other injuries fall within the cognizance of the courts of common law, 109

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

mandamus,..

109

an encroachment of jurisdiction is remedied by writ of prohibition,... 111

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