Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/34

22

HE next, and principal, object of our enquiries is the redres of injuries by uit in courts: wherein the act of the parties and the act of law co-operate; the act of the parties being neceary to et the law in motion, and the proces of the law being in general the only intrument, by which the parties are enabled to procure a certain and adequate redres.

here it will not be improper to oberve, that although, in the everal caes of redres by the act of the parties mentioned in a former chapter, the law allows an extrajudicial remedy, yet that does not exclude the ordinary coure of jutice: but it is only an additional weapon put into the hands of certain perons in particular intances, where natural equity or the peculiar circumtances of their ituation required a more expeditious remedy, than the formal proces of any court of judicature can furnih. Therefore, though I may defend myelf, or relations, from external violence, I yet am afterwards entitled to an action of aault and battery: though I may retake my goods if I have a fair and peaceable opportunity, this power of recaption does not debar me from my action of trover or detinue: I may either enter on the lands, on which I have a right of entry, or may demand poeion by a real action: I may either abate a nuance by my own authority, or call upon the law to do it for me: I may ditrein for rent, or have an action of debt at my own option: if