justifies it caufa venationis, for that he was hunting; and to this the plaintiff demurs, that is, he admits the truth of the plea, but denies the juftification to be legal: now, on arguing this demurrer, if the court be of opinion, that a man may not justify trespass in hunting, they will give judgment for the plaintiff; if they think that he may, then judgment is given for the defendant. Thus is an iffue in law, or demurrer, difpofed of (1).

AN iffue of fact takes up more form and preparation to fettle it; for here the truth of the matters alleged must be folemnly examined and established by proper evidence in the channel prescribed by law. To which examination, of facts, the name of trial is usually confined, which will be treated of at large in the two fucceeding chapters.

(1) The court of king's bench upon a demurrer held it to be a good juftification that the defendant entered the plaintiff's clofe. in purfuit of a fox. See ante, 213. 11. 4.

CHAPTER THE TWENTY-SECOND.

OF THE SEVERAL SPECIES OF TRIAL.

TH

HE uncertainty of legal proceedings is a notion fo generally adopted, and has fo long been the standing theme of wit and good humour, that he who should attempt to refute it would be looked upon as a man, who was either incapable of difcernment himself, or else meant to impose upon others. Yet it may not be amifs, before we enter upon the feveral modes whereby certainty is meant to be obtained in our courts of justice, to inquire a little wherein this uncertainty, so frequently complained of, confists; and to what causes it owes it's original.

IT hath fometimes been faid to owe it's original to the number of our municipal conftitutions, and the multitude of our judicial decifions; which occafion, it is alleged, abun dance of rules that militate and thwart with each other, as the fentiments or caprice of fucceffive legislatures and judges have happened to vary. The fact, of multiplicity, is allowed; and that thereby the researches of the student are rendered more difficult and laborious: but that, with proper industry, the refult of thofe inquiries will be doubt and indecifion, is a confequence that cannot be admitted. People are apt to be angry at the want of fimplicity in our laws: they mistake variety for confufion, and complicated cafes for contradictory.

See the preface to fir John Davies's reports: wherein many of the following topics are difcuffed more at large.