from the premises and the things propounded, that the defendant may be condemned, both in the principal and in the charges. *

3. In respect of the subject-matter of the libels, there are only two sorts in use; the one of which is conventional or civil, (a conveniendo, from convening) the other criminal, (a crimine seu querimonia.) † In respect of its form, it is either simple (which absolves or declares the action, in a continued speech or oration, as it were) or articulate, in which the merits of the cause are propounded by articles. †

4. The properties of a libel, or those things which are said to be particularly proper to a libel, are these, (Scil.) that it be round, (as the civilians term it) dilucid, concluding, not obscure, uncertain, nor general or alternative.

5. The efficient cause of a libel is the law, which deposeth a libel to be offered: But it commands principally that it be offered to the Judge (seeing his office is implored upon this petition) and then also to the adverse party.

6. As to what respects the matter of a libel: It is to be offered in all causes, about which judgment is stirred up, and a suit is commenced betwixt two: and that as well in civil as criminal causes, &c. but not always in summary causes, (viz.) in executions: for in these, any manner of petition is sufficient, though it be without writing: like as when it is proceeded by way of inquisition, or where the office of the Judge is implored in an extraordinary manner.

7. The form of a libel, (although it ought especially to be drawn, according to the style and custom of every court, yet where there is no special custom extant,) ought to be drawn in writing; and in such manner, as that it may contain these five things, comprehended in these following verses.

Quis, quid, coram quo, quo jure petatur et a quo,

Recte compositus quique Libellus habet. *

• Speculator ubi supr. Sect. species. glos. in d. c. 1. Lanfr. c. quoniam. ad verb. petition. de prob. n. 1. Alciat. in prax. fol. 103. Ummius disp. 6. th. & Rosbach. pros. tit. 33.

Oldendor. p. de forma Lib.

Ferrar in forma Lib. contr. opp. lib. &c.

Hostiensis de Libell. obla. Alciat. ubi sup. fol. 18.

Each plaintiff and defendant's name,
And eke the Judge who tryes the same;
The thing demanded, and the right whereby
You urge to have it granted instantly:
He doth a libel right and well compose,

Who forms the same, omitting none of those.

But the particular form of a libel consists in the conclu sion, which (what it ought to be) Jason in sect. huic autem n. 13. Institut. de Action. copiously disputes; so also Myns. in Inst. de Action. At this day, such respect is had to the conclusion, that it be sufficient to gather from its form, of what nature the action is, though no name be expressed: which seems to have been otherways formerly, at least by the law of the Codices. To make this form the more dilucid and clear, we will dispose it into an argument or a syllogism, † in Darii, which shall in short comprehend the whole matter, and all the parts of a libel.

Every one who defames an honest man ought to be eccle-
siastically punished.

A. G. hath defamed a certain honest man, J. G.
Therefore the said A. G. ought to be ecclesiastically pun-
ished.

8. Civil actions are either singular, general or universal, as was shown in the Practice. Those actions which are singular, are also either real, personal, or mixt, as has been shown. Now in a real action, the next cause, and not the remote, ought to be expressed, ‡ as for example, I demand ten pounds of Titius which I lent him, and I desire he may be condemned to pay me that sum: here now the contract, or the lending

* Ita formari debet ut ex narratis suficiat jus agendi implicite resultare et in postea explicite in probationibus declarari. Wesemb. ubi s. n. 8. Anchor cosil 148. n. 6.

† Lanfr. c. quoniam. de prob. ad verb. petition. n. 8.

‡ Lanfr. ubi s. n. 3. Myns. Inst. de Act. in Rub. n. 15. et Sact. omnium autem. n. 14, 15.

money, is the next cause in a real action, and it is the remote cause in a personal action; for the obligation or bond arising from the contract, is the next or nearest cause in a personal action, and the remote cause in a real action: wherefore in a real action, if you say in your libel, I ask ten pound of Titius, which he owes me upon bond; here your libel is so general, as it is in danger of being voided, if the defendant excepts against it: but if in this action, you say on this manner, I ask ten pound of Titius which I lent him, the libel is dilucid, by your making mention of the next cause: and so observe the quite contrary in personal action. † But in a general or universal judgment or action, there is no need of mentioning any cause.

9. The end of the libel is, that it may propound the plaintiff's desire, and instruct the Judge and the adversary, as to the nature of the future suit, and to be the foundation of judgment: for both the articles of the proofs are to be accommodated to the form of the libel, and the sentence is to be pronounced according to the same. Wherefore to the intent that the judg ment be begun in due order, and be founded upon a certain thing, it is necessary that a libel be given by the plaintiff, though not admonished thereto: the omission whereof doth vitiate the proceedings. Whence a libel is deservedly ranked amongst the substantial acts of the proceedings: for no libel existing, the proceedings are rendered null, &c.

10. Agreeable to what has been said, I will here obviate the form of a libel, as it is offered before the Judge of the Ecclesiastical Courts. And in the first place, it must be drawn in the name and style of the Judge, as Alciatus has also observed in his form, set down in his practice, at fol. 18. (viz.)

In the name of God amen. Before you the worshipful H. W. doctor of laws, principal official of the beautiful consistory court of York, &c. The party of J. G. against A. G. &c. alledgeth and complaineth, and propoundeth, &c.

Imprimis, He doth propound and article, that the said J. G. was and is a man very honest, just and upright, of good fame,

† Lanf. ubi supra n. 3, 4, 5, 6.

CHAPTER 10. An act for the relief of John Dilworth of Frederick county.

CHAPTER 11. An act for the relief of John Troxel of Frederick county.

CHAPTER 12. An act directing the register of wills of Baltimore county to deliver over to the persons therein named the last will and testament of Robert Burney,

CHAPTER 13. An act for the relief and benefit of the poor, and trustees of the poor, of Washington county.

CHAPTER 14. An act to alter the time of holding the county courts of Queen Anne's county.

By this act it is provided, that the county courts of this county shall be held on the first Monday of May and on the third Monday of October in each year.

CHAPTER 15. A supplement to an act, entitled, An act relating to the public roads in the several counties therein mentioned.

CHAPTER 16. An act authorizing a lottery to raise a sum of money for the purpose of building a bridge across the river Moudcaly in Frederick county.

CHAPTER 17. An act authorizing a lottery to raise a sum of money for the purpose of finishing the steeple of St. John's church in Elizabethtown in Washington county, and for other purposes.

CHAPTER 18. An act to lay out and make a public road in Baltimore county.

CHAPTER 19. A further supplement to the act, entitled, An act for appointing a wreckmaster in Worcester county,

CHAPTER 20. An act annulling the marriage of Patrick Sim and Ariana Sim.

CHAPTER 21. An act to lay out a certain road in Harford

county.

CHAPTER 22. An act for the benefit of Alfred Jones of Queen Anne's County.

CHAPTER 23. An act for the relief of Henry Hawkins Young of Montgomery county.

CHAPTER 24. An act to make valid a deed from Isaac Dixon to John Dashiell for a part of a tract of land called Dixon's Green.

CHAPTER 25. An act for the benefit of the vestry of the German Evangelic Lutheran congregation in and about Elizabethtown, at Saint John's church, in Washington county.

CHAPTER 26. An act to incorporate the stockholders of Hagerstown bank.

CHAPTER 27. An act for the benefit of Margaretta Chalmers. CHAPTER 28. A further supplement to the act, entitled, An act to regulate elections.

For the division of Saint Mary's county into four electional districts.

CHAPTER 29. A supplement to an act to appoint and authorize commissioners to review and lay out a part of the road herein mentioned in Harford county.

CHAPTER 30. An act annulling the marriage of Britannia Marshall, of Dorchester county.

CHAPTER 31. An act to extend Centre street in the northern precincts of the city of Baltimore and to erect a bridge therein across Jones's Falls.

CHAPTER 32. A supplement to an act, entitled, An act for the establishment of a school in Caroline county.

CHAPTER 33. An act to make valid the will of Arthur Mac Dade, late of Cecil county, deceased.

CHAPTER 34. An act to erect a new bridge over Great Chop tank river in Caroline county.

CHAPTER 35. A supplement to an act, entitled, An act to prevent the going at large of swine in the village of Hillsborough, in Caroline county, and other purposes therein mentioned.

CHAPTER 36. An act for the relief of James West, an insolvent debtor.

CHAPTER 37. An act for the sale of the real estate of James' Winchester, late of Baltimore county, deceased.

CHAPTER 38. A supplement to an act to establish a bank and incorporate a company, under the name of the Farmers' bank of Maryland, and for other purposes.

CHAPTER 39. An act to confirm certain deeds of conveyance made to Joseph Leonard, and other persons therein named.

N