Home1842 Edition

SUIT

Volume 20 · 241 words · 1842 Edition

in Law, the same with action. The Romans, at an early period, introduced set forms for actions 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. "Actiones (say the Pandects) composite sunt, quibus inter se homines disceperant, quas actiones ne populus non velit institueret, certas sollemnesque esse voluerunt." The forms of these actions were originally preserved in the books of the pontifical college, as choice and inestimable secrets, till one Cneius 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 proceeding, 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 actionis, errare possit. Expressa enim sunt ex universaque damno, dolore, incommodo, calamitate, injuria, publice a pretore formulae, ad quas privata lis accommodatur." And in the same manner Bracton, speaking of the original writs upon which English 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.