Ch. 3. WRONGS. 23
if I do not diftrein my neighbours cattle damage-feaſant, I may compel him by action of treſpaſs 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 ſeized it. And with regard to accords and arbitrations, theſe, in their nature being merely an agreement or compromiſe, moſt indiſputably ſuppoſe a previous right of obtaining redreſs ſome other way, which is given up by ſuch agreement. But as to remedies by the mere operation of law, thoſe are indeed given, becauſe no remedy can be miniſtred by ſuit or action, without running into the palpable abſurdity of a man's bringing an action againſt himſelf: the two caſes wherein they happen being ſuch, wherein the only poſſible legal remedy would be directed againſt the very perſon himſelf who ſeeks 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
