Of the PURSUIT of REMEDIES by Ac-

TION; and, firft, of the ORIGINAL

WRIT.

CHAP. XIX.

Of PROCESS.

СНАР. XX.

Of PLEADING.

CHAP. XXI:

Of ISSUE and DEMURRE R.

270

279

293

314

CHA P. XXII.

Of the feveral SPECIES of TRIAL. 325

CHA P. XXIII.

Of the TRIAL by JURY.

349

APPENDIX.

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.

§ 3. Writ of PONE, to remove it into the Court of
COMMON PLEAS.

$4. Writ of RIGHT, quia Dominus remifit Curiam.
§ 5. The Record, with award of Battel.

§ 6. Trial by the Grand Affife.

N° II. Proceedings on an Action of Trefpafs in EJECT-
MENT, by Original in the King's Bench.

§ 1. The Original Writ.

§ 2. Copy of the Declaration against the cafual Ejector;
who gives Notice thereupon to the Tenant in

ibid.

ii

iii

iv

vi

ix

ibid.

Poffeffion.

§ 3: The Rule of Court.

$4. The Record.

N° III. Proceedings on an action of DEBT, in the Court

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

ibid.

xi

xii

§ 1. Original.

§ 2. Process,

3. Bill of Middlesex, and Latitat thereupon, in the

Court of King's Bench.

§ 4. Writ of Quo minus in the Exchequer.

§ 5. Special Bail; on the Arreft of the Defendant,

xvi

ibid.

ibid.

xxii

xxiv

pursuant to the Teftatum Capias, in page xiv. ibid.

6. The Record, as removed by Writ of ERROR.
7. Procefs of Execution.

xxvi

xxxiii

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

A

T the opening of thefe commentaries a municipal law was in general defined to be, "a rule of "civil conduct, prefcribed by the fupreme power

"in a ftate, commanding what is right, and prohibiting what is wrong." From hence therefore it followed, that the primary objects of the law are the eftablifhment of rights, and the prohibition of wrongs. And this occafioned the diftribution of thefe collections into two general heads; under the former of which we have already confidered the rights that were defined and established, and under the latter are now to confider the wrongs that are for bidden and redreffed, by the laws of England.