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,

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.

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

.........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