Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/35

Ch. 3. WRONGS. 23 if I do not diftrein my neighbours cattle damage-feaant, I may compel him by action of trepas to make me a fair fatisfaction: if a heriot, or a deodand, be withheld from me by fraud or force, I may recover it though I never eized it. And with regard to accords and arbitrations, thee, in their nature being merely an agreement or compromie, mot indiputably uppoe a previous right of obtaining redres ome other way, which is given up by uch agreement. But as to remedies by the mere operation of law, thoe are indeed given, becaue no remedy can be minitred by uit or action, without running into the palpable aburdity of a man's bringing an action againt himelf: the two caes wherein they happen being uch, wherein the only poible legal remedy would be directed againt the very peron himelf who eeks relief.

I N all other cafes it is a general and iridifputable rule, that where there is a legal right, there is alfo a legal remedy, by fuit or action at law, whenever that right is invaded. And, in treat- ing of thefe remedies by fuit in courts, I ihall purfue the follow- ing method : firft, I fhall confider the nature and feveral fpecies of courts of juftice : and, fecondly, I (hall point out in which thefe courts, and in what manner, the proper remedy may be had for any private injury} or, in other words, what injuries are cognizable, and how redrafted, in each refpective fpecies of courts. FIRST then, of courts of juftice. And herein we will con- fider, firft, their nature and incidents in general ; and, then, the feveral fpecies of them, erected and acknowledged by the laws of England. A COURT is defined to be a place wherein juftice is judi- cially adminiftred b . And, as by our excellent conftitution the fole executive power of the laws is vefted in the perfon of the king, it will follow that all courts of juftice, which are the me-

b Co, Litt. 58. dium