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N° I. Proceedings on a Writ of Right Patent.

Page i


$1. Writ of Right patent in the Court BARON. ibid. $ 2. Writ of Tolt, to remove it into the COUNTRY COURT.

ibid. $ 3. Writ of Pone, to remove it into the Court of

COMMON PLEAS. $ 4. Writ of RIGHT, quia Dominus remifit Curiam. üi $ 5. The Record, with award of Battel. $ 6. Trial by the Grand Afife.



No II. Proceedings on an Action of Trespass in Eject

MENT, by Original in the King's Bench.
$ 1. The Original Writ.
§ 2. Copy of the Declaration against the casual EjeEtor ;

who gives Notice thereupon to the Tenant in

$ 3: The Rule of Court.

. .
$4. The Record.


xi xii

No III. Proceedings on an action of Debt, in the Court

of Common Pleas; removed into the King's
Bench by Writ of ERROR.

xvi $ 1. Original.

ibid. § 2. Process.

ibid. $ 3. Bill of Middlesex, and Latitat thereupon, in the Court of King's Bench.

xxii $ 4. Writ of Quo minus in the Exchequer.

xxiv $ 5. Special Bail; on the Arrest of the Defendant,

pursuant to the Teftatum Capias, in page xiv. ibid. $ 6. The Record, as removed by Writ of ERROR.

XXvi $ 7. Process of Execution.




воок тн Е тнт R р.





T the opening of these commentaries a munici

pal law was in general defined to be, “ a rule of 1. “ civil conduct, prescribed by the supreme power

“ in a state, commanding what is right, and " prohibiting what is wrong 6.” From hence therefore it followed, that the primary objects of the law are the establishment of rights, and the prohibition of wrongs. And this occasioned the distribution of these collections into two general heads; under the former of which we have already considered the rights that were defined and established, and under the latter are now to consider the wrongs that are for. bidden and redresled, by the laws of England. a lotrod. $ 2.

Bract. l. 1.6. 3. Santio jufta, jubens bunefta, ex pron - Book I. ch. 1, bibens contraria. Cic. 11 Pbilipp. 12. 5. VOL. III.

· In the prosecution of the first of these enquiries, we distine guished rights into two forts : first, such as concern or are annexed to the persons of men, and are then called jura perfonarum, or the rights of perfons; which, together with the means of acquiring and losing them, composed the first book of these commentaries : and, secondly, such as a man may acquire over external objects, or things unconnected with his person, which are called jura rerum, or the rights of things; and these, with the means of transferring thenı from man to man, were the subject of the second book. I am now there. fore to proceed to the consideration of wrongs; which for the most part convey to us an idea merely negative, as being nothing else but a privation of right. For which reason it was necessary, that, before we entered at all into the discussion of wrongs, we should entertain a clear arid distinct notion of rights: the contemplation of what is jus being necessarily prior to what may be termed injuria, and the definition of fas precedent to that of nefas

WRONGs are divisible into two sorts or species; private wrongs, and public wrongs. The former are an infringement or privation of the private or civil rights belonging to individuals, considered as individuals; and are thereupon frequently termed civil injuries : the latter are a breach and violation of public rights and duties, which affect the whole community, considered as a community; and are distinguished by the harsher appellation of crimes and misdemefnors. To investigate the first of these species of wrongs, with their legal remedies, will be our employment in the present book; and the other fpecies will be reserved till the next or concluding volume.

· The more effcctually to accomplish the redress of private injuries, courts of justice are instituted in every civilized so ciety, in order to protect the weak from the insults of the stronger, by expounding and enforcing those laws, by which rights are defined, and wrongs prohibited. This remedy is therefore principally to be sought by application to these


courts of justice; that is, by civil suit or action. For which reason our chief employment in this volume will be to consider the redress of private wrongs, by fuit or action in courts. But as there are certain injuries of such a nature, that some of them furnish and others require a more speedy remedy, than can be had in the ordinary forms of justice, there is allowed in those cases an extrajudicial or eccentrical kind of remedy; of which I shall first of all treat, before I consider the several remedies by suit: and, to that end, shall distribute the redress of private wrongs into three several species ; first, that which is obtained by the mere act of the parties themselves; secondly, that which is effected by the mere act and operation of law; and, thirdly, that which arises from suit or action in courts; which consists in a conjunction of the other two; the act of the parties co-operating with the act of law.

And, first, of that redress of private injuries, which is obo tained by the mere act of the parties. This is of two sorts ; first, that which arises from the act of the injured party only; änd, secondly, that which arises from the joint act of all the parties together : both which I fall consider in their order:

Of the first fort, or that which arises from the sole act of the injured party, is,

I. The defence of one's self, or the mutual and reciprocal defence of such as stand in the relations of husband and wife, parent and child, master and servant. In these cases, if the party himself, or any of these his relations, be forcibly attacked in his person or property, it is lawful for him to repel force by force(1); and the breach of the peace, which happens, is chargeable upon him only who began the affrayd. For

d 3. Roll. Abr. 546. Hawk. P. C. 131.

(1) It is said, that the defence of his servant is not a sufficient justification in an action brought against the master, for he may maintain an action for the loss of the service of his servant. Salk. 407.



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