law, the same with action. The Romans introduced pretty early set forms for actions and suits into their law, after the example of the Greeks; and made it a rule, that each injury should be redressed by its proper remedy only. "Actionem, (say the Pandects) compositae, sunt quibus inter se homines disspectarent, quas actiones ne populare praest vollet inflitueret, certas solenimque effe voluerunt." The forms of these actions were originally preserved in the books of the pontifical college as choice and inestimable secrets, till one Cnecius Flavius, the secretary of Appius Claudius, stole a copy and published them to the people. The concealment was ridiculous; but the establishment of some standard was undoubtedly necessary to fix the true state of a question of right; lest, in a long and arbitrary process, it might be shifted continually, and be at length no longer discernible. Or, as Cicero expresses it, "sunt jura, sunt formulae, de omnibus rebus constitute, ne quis aut in genere injuriae, aut in ratione aditionis, errare possit. Expressae enim sunt ex uniuscujusque damno, dolore, incommodo, calamitate, injuria, publica & privata formulae, ad quas privata lex accommodatur." And in the same manner Bracton, speaking of the original writs upon which all our actions are founded, declares them to be fixed and immutable, unless by authority of parliament. And all the modern legislators of Europe have found it expedient, from the same reasons, to fall into the same or a similar method. In England, the several suits, or remedial instruments of justice, are, from the subject of them, distinguished into three kinds; actions personal, real, and mixed.

Personal actions are such whereby a man claims a debt, or personal duty, or damages in lieu thereof; and likewise whereby a man claims a satisfaction in damages for some injury done to his person or property. The former are said to be founded upon contracts, the latter upon torts or wrongs; and they are the same which the civil law calls "actiones in personam, qua adversus eum intenduntur qui ex contractu vel delicto obligatus est aliquid dare vel concedere." Of the former nature are all actions upon debt or promissory; of the latter are all actions of trespasses, nuisances, assaults, defamatory words, and the like.

Real actions (or, as they are called in the Mirror, feudal actions), which concern real property only, are such whereby the plaintiff, here called the defendant, claims title to have any lands or tenements, rents, commons, or other hereditaments, in fee-simple, fee-tail, or for term of life. By these actions formerly all disputes concerning real estates were decided; but they are now pretty generally laid aside in practice, upon account of the great nicety required in their management, and the inconvenient length of their process; a much more expeditious method of trying titles being since introduced, by other actions personal and mixed.

Mixed actions are suits partaking of the mixture of the other two, wherein some real property is demanded, and also personal damages for a wrong sustained. As for instance, an action of waste: which is brought by him who hath the inheritance, in remainder or reverton, against the tenant for life, who hath committed waste therein, to recover not only the land wasted, which would make it merely a real action; but also treble damages, in pursuance of the statute of Gloucester, which is a personal recompense; and so both, being joined together, denominate it a mixed action. The orderly parts of a suit are these: 1. The original writ. 2. The proofs. 3. The pleadings. 4. The issue or demurrer. 5. The trial. 6. The judgment and its incidents. 7. The proceedings in nature of appeals. 8. The execution. See these articles.