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ON THE

LAWS OF ENGLAND.

IN FOUR BOOKS.

BY

SIR WILLIAM BLACKSTONE, KNT.

ONE OF THE JUSTICES OF HIS MAJESTY'S COURT OF COMMON PLEAS.

WITII

NOTES SELECTED FROM THE EDITIONS OF ARCHBOLD, CHRISTIAN, COLERIDGE, CHITTY, STEWART,

KERR, AND OTHERS,

BARRON FIELD'S ANALYSIS,

AND

Additional Notes, and a Life of the Author,

BY

GEORGE SHARSWOOD,

PROFESSOR OF THE INSTITUTES OF LAW IN THE UNIVERSITY OF PENNSYLVANIA,

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216698

Entered according to Act of Congress, in the year 1859, by

CHILDS & PETERSON, in the Clerk's Office of the District Court of the United States for the Eastern District of

Pennsylvania.

CONTENTS OF THE ANALYSIS OF BOOK III.

Ill

..........................................

..............CHAPTER I.

II.

III.

..............................................

IV

.......................................

V VI.

........................

PRIVATE WRONGS.
For which the laws of England have provided redress,

I. By the mere act of the parties.....
II. By the mere operation of law...
III. By both together, or suit in courts; wherein
(1. Of courts; and therein of

1. Their nature and incidents ........
2. Their several distinctions; viz.
ri. Of public or general jurisdiction; as,

11. The courts of common law and equity ......
2. Ecclesiastical courts,
3. Courts military,

| 4. Courts maritime......

2. Of private or special jurisdiction..... 12 of the cognizance of wrongs, in the courts

1. Ecclesiastical,
2 Military,
3. Maritime...
4. Of common law; wherein
11. Of the respective remedies, for injuries affecting
11. The rights of private persons

11. Absolute,

2. Relative .....
2. The rights of property
1. Personal,

1. In possession; by

{ 1. Dispossession,

2. Damage,
2. În action; by breach of contracts........
2. Real; by
1. Ouster, or dispossession of

1. Freeholds...

VII.

................................................

VIII

........................

IX.

{2: ...

X. XI. XII. XIII. XIV.

..............................

........................................................

XV. XVI. XVII.

.......................................

..................................................

...............................................

...................................

XVIII
XIX.

XX.
XXI.

...........................................

2. Trespass
3. Nuisance..
4. Waste ...............................................................
5. Subtraction

6. Disturbance.....
3. The rights of the crown
2. Of the pursuit of remedies,
1. By action at common law; wherein of

11. Original
2. Process .................................................................
3. Pleading...
4. Demurrer and issue.................................................
5. Trial; by

1. Record,
2. Inspection,
3. Witnesses,
4. Certificate,
5. Wager of battel,
6. Wager of law

7. Jury......
6. Judgment.
7. Appeal ......

8. Execution .....
2. By proceedings in the courts of equity.

..................................................

...........................................................

XXII. XXIII. XXIV.

XXV. XXVI. XXVII.

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.............................

.............................

ANALYSIS.

BOOK III.-OF PRIVATE WRONGS.

CHAPTER I.

4. Incident to all courts are, a plaintiff, deOF THE REDRESS OF PRIVATE WRONGS BY

fendant, and judge: and with us, there THE MERE ACT OF THE PARTIES.... Page 2 to 16

are also usually attorneys, and advocates

or counsel, viz., either barristers, or ser1. Wrongs are the privation of right; and are, I. Private. II. Public ..............

2
jeants at law.......

Page 25 2. Private wrongs, or civil injuries, are an

CHAPTER IV. infringement, or privation, of the civil

OF THE PUBLIC COURTS OF COMMON LAW rights of individuals, considered as individuals ...........

AND EQUITY........

..............30 to 60

2 3. The redress of civil injuries is one prin

1. Courts of justice, with regard to their

several species, are, I. Of a public cipal object of the laws of England........ 3 4. This redress is effected, I. By the mere act

or general jurisdiction throughout the of the parties. II. By the mere operation

realm. II. Of a private or special jurisdiction ...

30 of law. III. By both together, or suit in courts..

2. Public courts of justice are, I. The courts

3 6. Redress by the mere act of the parties

of common law and equity. II. The ec

clesiastical courts. III. The military is that which arises, I. From the sole act

30 of the party injured. II. From the joint

courts. IV. The maritime courts........ act of all the parties .........

3

3. The general and public courts of com6. Of the first sort are, I. Defence of one's

mon law and equity are, I. The court of self, or relations. II. Recaption of goods.

piepoudre. II. The court-baron. III.

The hundred court. IV. The county III. Entry on lands and tenements. IV. Abatement of nuisances. V. Distress

court. V. The court of Common Pleas. for rent, for suit or service, for amerce

VI. The court of King's Bench. VII.

The court of Exchequer. VIII. The ments, for damage, or for divers statutable penalties,—made of such things only

court of Chancery. (Which two last are as are legally distrainable; and taken

courts of equity as well as law.) IX. and disposed of according to the due

The courts of Exchequer-Chamber. X.

The house of Peerg. To which may be course of law. VI. Seizing of heriots, &c..3-15 7. Of the second sort are, I. Accord. II.

added, as auxiliaries, XI. The courts of Arbitration.........

.15-16
Assize and Nisi Prius

..32-60 CHAPTER II.

CHAPTER V. OF REDRESS BY THE MERE OPERATION OF

Of Courts ECCLESIASTICAL, MILITARY, AND Law.......

.... 18 to 21

MARITIME. 1 Redress, effected by the mere operation

1. Ecclesiastical courts, (which were sepa3f law, is, I. In case of retainer; where a rated from the temporal by William the ureditor is executor or administrator, and

Conqueror,) or courts Christian, are, I. is thereupon allowed to retain his own

The court of the Archdeacon. II. The debt. II. In the case of remitter; where court of the Bishop's Consistory. III. The one who has a good title to lands, &c.

court of Arches. IV. The court of Pecucomes into possession by a bad one, and liars. V. The Prerogative Court. VI. is thereupon remitted to his ancient good

The court of Delegates. VII. The court title, which protects his ill-acquired pos

of Review........

........ 62-68 session.......

...18-21 2. The only permanent military court is

that of chivalry; the courts-martial anCHAPTER III.

nually established by act of parliament OF COURTS IN GENERAL. ..22 to 25 being only temporary...

67 1 Redress that is effected by the act both 3. Maritime courts are, I. The court of Ad

of law and of the parties is by suit or miralty and Vice-Admiralty. II. The action in the courts of justice.......

court of Delegates. III. The lords of the 2. Herein may be considered, I. The courts Privy Council, and others authorized by

themselves. II. The cognizance of wrongs, the king's commission, for appeals in or injuries, therein. And of courts, I. prize-causes...................

68 Their nature and incidents. II. Their several species.....

23

CHAPTER VI. 8. A court is a place wherein justice is ju- OF COURTS OF A SPECIAL JURISDICTION... 71 to 85

dicially administered, by officers dele- 1. Courts of a special or private jurisdicgated by the crown: being a court either tion are, I. The forest courts; including of record, or not of record ......... 23-24 | the courts of attachments, regard, swein

.........02-68

22

mote, and justice-seat. II. The court 8. Civil injuries cognizable in the courts of Commissioners of Sewers. III. The

maritime are injuries in their nature court of policies of assurance. IV. The of common-law cognizance, but arising coʻırt of the Marshalsea and the Palace wholly upon the sea, and not within the Court. V. The courts of the principality precincts of any county. The proceedof Wales. VI. The court of the duchy- ings are herein also much conformed to chamber of Lancaster. VII. The courts the civil law...........................

.Page 106-109 of the counties palatine, and other royal 9. All other injuries are cognizable only franchises. VIII. The stannary courts.

in the courts of common law: of which IX. The courts of London, and other in the remainder of this book..... ...... 109-114 corporations :-to which may be referred 10. Two of them are, however, cogthe courts of requests, or courts of con- nizable by these, and other, inferior science; and the modern regulations courts; viz. I. Refusal, or neglect, of of certain courts-baron and county justice. Remedies: by writ of procecourts. X. The courts of the two Uni

dendo, or mandamus. II. Encroachment Tersities........

.Page 71-85 of jurisdiction. Remedy: by writ of prohibition

.... 109-114 CHAPTER VII.

CHAPTER VIII. OF THE COGNIZANCE OF PRIVATE WRONGS....

85 to 114 OF WRONGS, AND THEIR REMEDIES, RESPECT1. All private wrongs or civil injuries are ING THE RIGHTS OF PERSONS. . 115 to 143 cognizable either in the courts ecclesias- 1. In treating of the cognizance of injuries tical, military, maritime, or those of by the courts of common law, may be common law.....

86 considered, I. The injuries themselves, 2. Injuries cognizable in the ecclesiastical and their respective remedies. II. The

courts are, I. Pecuniary. II. Matrimo- pursuits of those remedies in the several nial. III. Testamentary.. 87-88 courts.

115 3. Pecuniary injuries, here cognizable, are, 2. Injuries between subject and subject,

I. Subtraction of tithes. For which the cognizable by the courts of common remedy is by suit to compel their pay- law, are in general remedied by putting ment, or an equivalent; and also their the party injured into possession of double value. II. Non-payment of ec- that right whereof he is unjustly declesiastical dues. Remedy: by suit for prived....

115 payinent. III. Spoliation. Remedy: by 3. This is effected, I. By delivery of the suit for restitution. IV. Dilapidations. thing detained to the rightful owner. Remedy: By suit for damages. V. Non- II. Where that remedy is either imrepair of the church, &c.; and non-pay- possible or inadequate, by giving the ment of church-rates. Remedy: by suit party injured a satisfaction in dato compel them ........ .......88-92 mages...

116 4. Matrimonial injuries are, I. Jactitation 4. The instruments by which these reme

of marriage. Remedy: by suit for per- dies may be obtained are suits or acpetual silence. II. Subtraction of con- tions; which are defined to be the legal jugal rights. Remedy: by suit for resti- demand of one's right: and these are, *ution. III. Inability for the marriage

I. Personal. II. Real. III. Mixed... 116-118 state. Remedy: by suit for divorce. 5. Injuries (whereof some are with, others IV. Refusal of decent maintenance to without, force) are, I. Injuries to the the wife. Remedy: by suit for ali- rights of persons. II. Injuries to the mony

.92-95 rights of property. And the former are, 5. Testamentary injuries are, I. Disputing I. Injuries to the absolute, II. Injuries

the validity of wills. Remedy: by suit to the relative, rights of persons....... 118–119 to establish them. II. Obstructing of

6. The absolute rights of individuals are, administrations. Remedy: by suit for I. Personal security. II. Personal liberthe granting them. III. Subtraction of ty. III. Private property. (See Book I. legacies. Remedy: by suit for the pay- Ch. I.) To which the injuries must be ment.. 95-98 correspondent...

119 6. The course of proceedings herein is 7. Injuries to personal security are, I.

much conformed to the civil and canon Against a man's life. II. Against his law: but their only compulsive pro

limbs. III. Against his body. IV. cess is that of excommunication; which Against his health. V. Against his reis enforced by the temporal writ of putation.—The first must be referred to significavit or de excommunicato capien

the next book.........

119 do.......

..98–103 8. Injuries to the limbs and body are, 7. Civil injuries, cognizable in the court I. Threats. II. Aggault. III. Battery. military, or court of chivalry, are, I. IV. Wounding. V. Mayhem. Remedy: Injuries in point of honour. Remedy: by action of trespass vi et armis, for by suit for honourable amends. 11. damages ....

120 Encroachments in coat-armour,

&c. 9. Injuries to health, by any unwboleRemedy: by suit to

them. some practices, are remedied by a speThe proceedings are in & summary cial action of trespass on the case, for ... 103-106 damages.

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