A C T 



which is to thicken upon picfTui-e ; therefo/e tlie flaveving- 

 bit put on fo long before ridnirj, though it nn\- give tempo- 

 vary fenlibjlity, mull conduce to permanent iiartlnef^;. 



Action, in the Military ylrl, is an esgagemi;nt be- 

 tween two armies, or between different bodies of troops be- 

 lonffing to them. Ahhough humanity and found policy 

 will induce the general of an army to avoid an adion, when 

 no conliderable benefit is likely to accnic from it, yet there 

 are <:ertain circumllances that will dired him in the alter- 

 native either of commencing or avoiding it. Wildom will 

 fugged the importance of bringing the enemy to an imme- 

 diate aftion, when it will ferve to prevent the junction of 

 his forces ; to difcourage the hollile declaiatlon of a neutral 

 power ; when any advantage may be obtained by the dit- 

 union of his forces ; when there is reafon for apprehending 

 the inconftancy or aiSlual withdrawment of allies ; when 

 defertion, on account of an cxilling or impending fcarcity 

 of money, or of the means of fubllllence, is dreaded ; when 

 new allies may be thus gained, or ihofe of the enemy may be 

 induced to abandon him ; and when a reafonable profpect 

 occurs of fecuring a prcfcnt advantage, without riilcing any 

 lofs or injury that fhall in the event more than counter- 

 balance it. The commencement of an adtion, when it is 

 defn-able, may be expedited by threatening, or aftually be- 

 lieving a port or place, which is of importance to the 

 enemy ; by attempting to relieve and fuccour a place that 

 is befieged ; by ravaging and laying wafte the country ; by 

 prefenting the allurement of booty ; by depriving the 

 enemy of forage or water ; by exhibiting the appearance of 

 an untenable port, or of a feeble force ; and by feigning fear, 

 the diminution of forces, the diforder of retrenchments, or a 

 defertion of part of the army, or prevailing difcontent 

 and a difpofition to mutiny, or orders not to engage. 

 The motives which > ill induce a prudent general to avoid 

 to begin an action are fuch as thefe ; the defeft or the 

 diftance of his refources, the profpeft of frerti fupplies, the 

 dread of defection, the augmentation of the enemy's allies, 

 the difadvantage of ground, polition, number, &c. want, 

 difeafe, and defertion in the oppofing army, adlual nego- 

 tiations, or pofitive orders not to hazard an engagement. 

 The means of avoiding an aftion are the choice of polls and 

 retrenchments, well concerted and well executed ftratagems, 

 the devaftation of the country through which the hoftile 

 anny muft pnrfue that which is retreating, and from which 

 it muil draw fome of its fupphes; any movements that would 

 caufe a diverfion, real or feigned negotiations, report of 

 approaching fuccour, and the appesrance of confiderable 

 force. Thefe various circumftances are detailed at large, 

 and illuftrated by appofite examples felefted from the con- 

 duft of the moft able commanders, both ancient and mo- 

 dern, in the Encyclopedie, vol. x. or vol. i. Art. Militaiix. 

 Art. Action. 



This term is likewife ufed to fignify fome memorable aft 

 done by an officer, or commander of a body of troops. 



Action, in Law, is a right of demanding, and pur- 

 fuing in a courtof judicature, what is any man's due. 



Or, affton is any kind of process or suit which a perfon 

 enters for the recovery of his right. See Cause. 



^clions are divided, by Juftiiiian, into two different kinds : 

 real, or thofe againll the thing ; and perfonal, or thofe 

 againft the perfon. — For whoever brings an aftion, either 

 does it againll one obnoxious to him, in refpeft either of 

 contradl or offence ; in which cafe arife aftions againll the 

 perfon which require the party to do, or give fomething : 

 or, he does it againll one not obnoxious, yet with whom a 

 controverfy is arifen touching fome matter ; as if Caius hold 

 a field which Julius claims as his property, and brings his 



ACT 



aftion for the fame. See the Inftitut. lia. iv. tit. 4. wh-e 

 the principal anions, introduced by the Roman law, are 

 fummarily explained. 



In common law, from the two claffes of real ^ni perfonal 

 anions, arifes a tiiirci called a mixed aSion ; which regards 

 both the perfon and tiie thin^^. 



Action, real, or, as it is called in the Mirvov, feudal' 

 aPion, is that which concerns real property, whereby the 

 defendant claims title to lands or tenements, rents or com- 

 mons, in fee-fimple, fee-tail, or for life : and thefe aftions 

 are either anceflrd, or poffcffory. Ancejlrel aflion is that' 

 which we have by fome right deicending from our anceftar. — 

 PoJfeJTiry, fometimes alfo called /rr/in^r/aftion, is that which 

 hath its beginning in and from ourfelves. 



But real aftions, formerly fo numerous and confiderable, 

 as writs of right, of entry, &c. with their appendages as grand 

 cape, pet:: cape, receipt, view, aid-prayer, voucher, counter- 

 plea of voucher, counter-plea of wan-antry, and recovery of 

 value, ar.; nov^ much out of ufe ; on account of the great 

 nicety required in the management of them, and the incon- 

 venient length of their procels : a much more expeditious 

 method of trying titles being iince introduced in other atlions, 

 perfonal and mixed. In a real aition leveral lands held by 

 ieveral titles may not be demanded in the fame writ ; but in 

 perfonal adlion feveral wrongs may be comprehended in one 

 writ. A bar is perpetual in the latter aftions, and the 

 plaintiff has no remedy, except by writ of enor or attaint ; 

 but, in the former, if the defendant be baired, he may 

 commence an aftion of a higher nature, and try the fame 

 again. 



Action, perfonal, is that whereby a man claims a debt, 

 or perfonal duty, or damages in lieu thereof ; and likewife, 

 whereby a man claims a fatisfaftion in damages for fome 

 injury done to his perfon or property. The former is fald 

 to be founded on contraft ; the latter upon torts or wrongs. 

 Of the former nature are all aftions upon debt or promifes ; 

 of the latter all aftions for trefpaffes, nuiffances, affaults, de- 

 famatory words, and the like. 



Many perfonal aftions die with the perfon ; but real 

 aftions furvive. In all aftions merely perfonal, arifing ex 

 deliHo, for wrongs aftually done by the defendant, as trel- 

 pafs, battery, and flander, the aftion dies with the perfon. 

 But in aftions arifing ^.v contraSu, by breach of promife and 

 the hke, though the fuits fhall abate by the death of the 

 parties, they may be revived by or againft the executors 

 who have affets to anfwer the demand ; as they are rather 

 aftions againll the property than the perfon. 



Action, mixed, is that laid indifferently for the thing de- 

 tained, or againft the perfon of the detainer ; being thus 

 called, becaufe it has a mixed refpeft, both to the thin^, and 

 to the perfon. 



Others better define it, a fuit given bylaw to recover the 

 thing demanded^ and damages for the wrong done. 



Such is, affize of novel diffeifm, which, if the diffeifor 

 make a feoffment to another, the diffeifee (hall have againft 

 the diffeifor, and the feoffee, or other terre-tenant, to re- 

 cover not only the land but damages alfo. And the like 

 is aftion of waste, ^tare impedit, &c. See Assise. 



Aftions are alfo divided into civil and criminal. 



Action, ci-vil, is that which only tends to the recovery 

 of what, by reafon of a contraft, or other hke caufe, is a 

 man's due. — As, if a perfon by aftion feek to recover a fum 

 of money formerly lent, &c. 



Action, criminal, is that the objeft of which is judgment 

 of death, as appeals of death, robbery, &c. or judgment for 

 damage to the party, fine to the king and imprifonment, as 

 appeals of maihera, &c. To this clafs belongs aftion penal. 



Action, 



