Page:Cyclopaedia, Chambers - Volume 1.djvu/74

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'Soffu lays it down as a Rule, that the more vehement the Manners of the principal Perfonages are, the lefs Time ought the ABion to laft : Accordingly, the ABion of the Iliad, containing the Anger and Paffion of Achilles, &c. holds but 47 Days; whereas that of the Odyjfce, where Prudence is the reigning Quality, lafts eight Years and a half : and that of the Mneid, where the prevailing Charac- ter of the Hero is Piety and Mildnefs, nearly feven Years. See Iliad, jEneid, and Odvssee - y fee alfo Manners, Passions, £<?£.

As to the Importance of the Epic ABion, there are two ways of providing for it : The firft, by the Dignity and Im- portance of the Perfons. This way alone Homer makes ufe of j there being, otherwife, nothing great and important in his Models, but what might have happen'd to ordinary Perfons. The fecond, by the Importance of the ABion it felf ; fuch as the Eftabli/hmenr, orDownfal of a Religion, or a State 5 which is Virgil's ABion, and in which he has much the Advantage of Homer,

Boffii mentions a third way of making the ABion impor- tant, viz. by giving a higher Idea of the Perfonages, than what the Readers conceive of all that is great among Men. — > This is done by comparing the Men of the Poem with the Men of the prefent Time. See Hero 5 fee alfo Charac- ter, \3c.

Action is alfo ufed in Painting and Sculpture, for the Pofture of a Figure 5 or the ABion it is fuppofed to be in - exprefs'd by the Difpofition of its Parts, or the Paffion ap- pearing in its Face. See Attitude, Expression, $£c.

In the Manage, the Action of the Mouth, denotes the Agitation of the Horfe's Tongue and Mandible, or his Champing on the Bit 4 difcoverable by a white ropy Foam

thereon. This, with the Matters, paffes for a Sign of

Health, Vigour, and Mettle.

Action, in Law, is defined a Right of demanding, and purfuing in a Court of Judicature, what is any Man's due. See Right, Court, Justice, i$c.

Or, ABion is any kind of Procefs which a Perfon enters for the Recovery of his Right. See Cause, and Process.

ABions are divided, by Juftinian, into two general Kinds ; Real, or thofe againft the Thing ; and Perfonal, or thofe againft the 'Perfon.— For whoever brings an ABion, either does it againit one obnoxious to him, in refpecl: either of Contract, or of Offence : in which Cafe arife ABions a- gainft the Perfon, which require the Party to do, or give fomcthing : Or, he does it againft one not obnoxious, yet with whom a Controverfy is rifen touching fome Matter 5 as, if Cains hold a Field, which Julius claims as his Property, and brings his ABion for the fame. See the Inflit. L. IV. Tit. 4. where the principal ABions introduc'd by the Roman Law, are fummariiy explain'd.

In Common Law, from the two Gaffes of Real and Per- gonal ABions, arifes a third, called a Mix'd ABion 5 which regards both the Perfon and Thing.

Perfonal Action, is that which one Man hath againft another, on account of a Contract for Money or Goods $ or of an Offence done by him, or fome other Perfon, for whofe FacT: he is anfwerable. See Personal.

Real Action, is that whereby the Demandant claims Title to Lands or Tenements, Rents or Commons, in Fee- fimple, Fee-tail, or for Life. See Real.

Real ABions are fubdivided into Poffeffory, which lie for Lands, &c> of his own Poffeflion, or Seifin 5 and Ancc-Jlrel, of the Seifin or Poffeffion of his Anceftor. See Ancestrel.

But Real ABions, formerly fo numerous and considerable, as Writs of Rights, of Entry, &c. with their Appendixes, as Grand Cape, Petit Cape, Receipt, View, Aid-Prayer, Voucher, Counter-plea of Voucher, Counter-plea of War- ranty, and Recovery of Value, are now much out of ufe 5 by rcafon of the ufual Admixture of perfonal Matters there- with, which change 'em into Alix'd ABions.

Mixed Action, is that laid indifferently for the Thing detained, or againft the Perfon of the Detainer 5 being thus called, becaufe it has a mixed Refpecl, both to the Thing, and to the Perfon. See Mix'd.

Others better define it, a Suit given by Law to recover the Thing demanded, and Damages for the Wrong done.

Such is Aflize of Novel Diffeifin, which, if theDiSei- for make a Feoffment to another, the Diffeifee fhall have againit the Diffeifor, and the Feoffee, or other Ter-tenant 5 to recover not only the Land, but Damages alfo. — And the like in ABion of Wafte, §>uare impedit, &c. See As- size, £f?c.

Actions are alfo divided Into Civil and 'Penal. — Civil Ac- tion, is that which only tends to the Recovery of what, by reafon of a Contract, or other like Caufe, is a Man's due. — As, if a Man by ABion feek to recover a Sum of Money formerly lent, $$c. See Civil.

'Penal ABion, aims at fome Penalty upon the Party ftied; either corporal or pecuniary. See Punishment, Mulct,

fffCt

Such is the ABion of Zegis ActiiU, in the Civil taw j And with us the next Friends of a Man felonioufly (lain, or wounded, fhall purfue the Law againit the Offender, and Bring him to condign Punifhment. See Appeal

Action is alfo diftinguifti'd, as it lies for the' Recovery either of the Ample Value of the Thing challenged • or of the double, triple, quadruple, ££fc.

Thus, a Secies tantum lies againft Embracers 5 and a- gainit Jurors that take Money for their Verdifl, of either or both Parties. See Decies tantum, Embracers, & c.

To this Clafs alfo belong all ABions on a Statute, that pu- mfhcs an Offence by Restitution, or Fine proportionable to the Tranfgreflion.

Action, again, is divided into Prejudicial, called alfo Preparatory ; and Principal.

Prejudicial ABion, is that which arifes from fome Quef- tion, or doubtful Point in the Principal one.

As, if a Man fue his younger Brother, for Land defend- ed from his Father ; and it be objefted, he is a Baflard : This Point of Baftardy mill be tried, before the Caufe can proceed : Whence the ABion is termed Prejudicialis, quia prius judicanda.

Action, again, is either Auceflrel, or Perfonal.— Ance- ftrel ABion, is that which we have by fome Right defcending from our Anceftor.— Perfonal ABion, in this Senfe, is that which has its Beginning in and from our felves.

There is alfo ABion Anceflrel droitural, and ABion An' cefirel Poffeffory. Coke's Inft.

Action upon the Cafe, ABio fuper Cafum, is a general AJ1011, given for the Redrefs of a Wrong done any Man without force, and not efpecially provided for by Law. See Case.

This, of all others, is now tnoft in ufe. — Where there ari- fes an Occafion of Suit, that neither has a fit Name, nor certain Form already prefcrib'd ; the Clerks of the Chance- ry, anciently, conceived a proper Form of ABion for the thing in queftion ; which the Civilians call ABionem in faBum, and we, ABion upon the Cafe.

Action upon the Statute, AB10 fuper Statutum, is an ABion brought againft a Man, upon an Offence againft a Statute whereby an ABion is given that did not lay before. See Statute.

Thus, where one commits Perjury to the Prejudice of ano- ther, he who is damaged fhall have a Writ upon the Statute, and a Caufe accordingly.

Action 'Popular, only differs from an ABion upon the Statute, in that, where the Statute gives the Suit or ABion to the Party griev'd, or otherwife to one fingle Perfon cer- tain, it is called ABion upon the Statute ; and where the Authority is given by the Statute to every one that will fo fue, it is an ABion Popular. See Accusation.

Action is alfo divided into Perpetual and Temporal.

Perpetual ABion, is that whofe Force is not determin'd by any Period of Time.

Of this Kind were all Civil ABions among the antient Romans, viz. fuch as arofe from Laws, Decrees of the Se- nate, and Conftitutions of ihe Emperors ; whereas ABions granted by the Praetor died within the Year.

We have alfo Perpetual and 'temporary ABions in Eng- land ; all being perpetual, which are not exprefly limited.

So alfo divers Statutes give ABions, on Condition they be purfued within the Time prefcribed.— Thus, the Statute of 1 Edw. VI. gives ABion. for three Years after the Offences committed, and no longer ; and the Statute of ; Hen. VIII. c. 3. does the like for four Years ; and that of 31 Eli*, c. 5. for one Year, and no more.

But, as by the Civil Law no ABions wete fo perpetual, but that by Time they might be prefcrib'd againft ; fo, in our Law, tho ABions be called Perpetual, in Comparifun of thofe that are exprefly limited by Statute; yet is there a Means to prefcribe againft Real ABions, after five Years, by a Fine levied, or a Recovery fuffer'd. See Prescription j fee alfo Fine, Recovery, and Limitation of Affile.

Action of a Writ, is when a Perfon pleads fome Matter, whereby he fhews, that the Plaintiff had no juft Caufe to have the Writ he brought, tho it be poflible he might have another Writ or ABion for the fame Matter. — Such Plea is called, a Plea to the ABion of the Writ.

When by the Plea it appears, that the Plaintiff has no Caufe of any ABion for the thing demanded 5 it is called, a Plea to the ABion.

Action, in Affairs of Commerce, or Action of a Com- pany, is a Part or Share in the Company's Stock, or Capi- tal, which confifts of a Number of fuch ABions. See Com- pany, and Capital.

Thus, the Capital of a Company, which has three hun- dred ABions of a thoufand Livres each ; confifts of three hundred thoufand Livres.

Hence, a Perfon is laid to have four or fix ABions in fuch Company, if he have contributed to the Capital, and be in- terested therein, for four or fix thoufand Livres.

I ABions,