Athu Burnett

COMMENTARIES

ON THE

LAWS OF ENGLAND:

IN FOUR BOOKS;

WITH

AN ANALYSIS OF THE WORK.

BY

SIR WILLIAM BLACKSTONE, KNT.

ONE OF THE JUSTICES OF THE COURT OF COMMON PLEAS.

IN TWO VOLUMES,

FROM THE EIGHTEENTH LONDON EDITION.

WITH A

LIFE OF THE AUTHOR, AND NOTES.

BY

CHRISTIAN, CHITTY, LEE, HOVENDEN, AND RYLAND:

AND ALSO

REFERENCES TO AMERICAN CASES,

BY A MEMBER OF THE NEW-YORK BAR.

VOL. II.-BOOK III. & IV.

:

NEW-YORK:

W. E. DEAN, PRINTER & PUBLISHER, 2 ANN-STREET.
COLLINS, KEESE & CO., 254 PEARL STREET.

1840.

Entered according to the Act of Congress in the year 1832, by WILLIAM E. DEAN,

CONTENTS

OF

THE ANALYSIS OF BOOK III.

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

51. Their nature and incidents,

2. Their several distinctions; viz.

(1. Of public or general jurisdiction; as,

1. The courts of common law and equity,

2. Ecclesiastical courts,

3. Courts military,

4. Courts maritime

2. Of private or special jurisdiction

2. Of the cognizance of wrongs, in the courts

1. Ecclesiastical,

2. Military,

3. Maritime

VIII

IX

§1. Freeholds

2. Chattels real

I

XI

XII

XIII

XIV

ANALYSIS.

BOOK III. OF PRIVATE WRONGS.

CHAPTER I.

Page

2

OF THE REDRESS OF PRIVATE WRONGS,
BY THE MERE ACT OF THE PARTIES 2 to 16
1. Wrongs are the privation of right;
and are, I. Private. II. Public
2. Private wrongs, or civil injuries, are
an infringement, or privation, of the
civil rights of individuals, considered
as individuals

3. The redress of civil injuries is one
principal object of the laws of Eng-
land

4. This redress is effected, I. By the mere act of the parties. II. By the mere operation of law. III. By both together, or suit in courts

5. Redress by the mere act of the parties, is that which arises, I. From the sole act of the party injured. II. From the joint act of all the parties

2

3

3

6. Of the first sort are, I. Defence of
one's self, or relations. II. Recaption
of goods. III. Entry on lands and
tenements. IV. Abatement of nuisan-
ces. V. Distress-for rent, for suit or
service, for amercements, for damage,
or for divers statutable penalties-
made of such things only as are legal-
ly distreinable; and taken and dis-
posed of according to the due course
of law. VI. Seizing of heriots, &c. 3-15

7. Of the second sort are, I. Accord.
II. Arbitration

3 3. The general and public courts of
common law and equity are, I. The
court of piepoudre. II. The court-ba-
ron. III. The hundred court. IV. The
county court. V. The court of Com-
mon Pleas. VI. The court of King's
Bench. VII. The court of Exchequer.
VIII. The court of Chancery. (Which
two last are courts of equity as well
as law). IX. The courts of Exche-
quer-Chamber. X. The house of
Peers. To which may be added, as
auxiliaries, XI. The courts of Assise
and Nisi Prius

15, 16

30

30

32-60

CHAPTER II.

CHAPTER V.

OF REDRESS BY THE MERE OPERATION
OF LAW

18 to 21

1. Redress effected by the mere operation of law, is, I. In case of retainer; where a creditor is executor or administrator, and is thereupon allowed to retain his own debt. II. In the case of remitter; where one, who has a good title to lands, &c., comes into possession by a bad one, and is thereupon remitted to his ancient good title, which protects his ill-acquired possession

CHAPTER III.

OF COURTS ECCLESIASTICAL, MILI-
TARY, AND MARITIME
1. Ecclesiastical courts, (which were
separated from the temporal by Wil-
liam the Conqueror), or courts Chris-
tian, are, I. The court of the Arch-
deacon. II. The court of the Bishop's
Consistory. III. The court of Arches.
IV. The court of Peculiars. V. The
Prerogative court. VI. The court of
Delegates. VII. The court of Re-
view

18-21 2. The only permanent military court is
that of chivalry; the courts martial
annually established by act of Parlia-
ment, being only temporary

22 to 25 3. Maritime courts are, I. The court of

OF COURTS IN GENERAL
1. Redress that is effected by the act
both of law and of the parties, is by
suit or action in the courts of justice
2. Herein may be considered, I. The
courts themselves. II. The cogni-
zance of wrongs, or injuries, therein,
And of courts, I. Their nature and
incidents. II. Their several species
3. A court is a place wherein justice is
judicially administered, by officers de-
legated by the crown: being a court
either of record, or not of record

62-68

62-68

67

68

Page

cluding the courts of attachments, re-
gard, sweinmote, and justice-seat. II.
The court of Commissioners of Sew-
ers. III. The court of policies of as-
surance. IV. The court of the Mar-
shalsea and the Palace Court. V.
The courts of the principality of
Wales. VI. The court of the duchy-
chamber of Lancaster. VII. The
courts of the counties palatine, and
other royal franchises. VIII. The
stannary courts. IX. The courts of
London, and other corporations:-to
which may be referred the courts of
requests, or courts of conscience;
and the modern regulations of certain
courts baron and county courts. X.
The courts of the two Universities 71-85

CHAPTER VII.

OF THE COGNIZANCE OF PRIVATE
WRONGS

85 to 114 OF WRONGS, AND THEIR REMEDIES,
RESPECTING THE RIGHTS OF PER-

1. All private wrongs or civil injuries are cognizable either in the courts ecclesiastical, military, maritime, or those of common law

2. Injuries cognizable in the ecclesiastical courts are, L. Pecuniary. II. Matrimonial. III. Testamentary

3. Pecuniary injuries, here cognizable, are, I. Subtraction of tithes. For which the remedy is by suit to compel their payment, or an equivalent; and also their double value. II. Non-payment of ecclesiastical dues. Remedy by suit for payment. III. Spoliation. Remedy: by suit for restitution. IV. Dilapidations. Remedy: By suit for damages. V. Non-repair of the church, &c.; and non-payment of church-rates. Remedy by suit to compel them

4. Matrimonial injuries are, I. Jactitation of marriage. Remedy: by suit for perpetual silence. II. Subtraction of conjugal rights. Remedy: by suit for restitution. III. Inability for the marriage state. Remedy: by suit for divorce. IV. Refusal of decent maintenance to the wife. Remedy: by suit for alimony

5. Testamentary injuries are, I. Disputing the validity of wills. Remedy: by suit to establish them. II. Obstructing of administrations. Remedy: by suit for the granting them. III. Subtraction of legacies. Remedy by suit for the payment

6. The course of proceedings herein is much conformed to the civil and canon law: but their only compulsive process is that of excommunication; which is enforced by the temporal writ of significavit or de excommunicato capiendo

3. This is effected, L By delivery of
the thing detained to the rightful own-
er. II. Where that remedy is either
impossible or inadequate, by giving the
party injured a satisfaction in damages 116

88-92 4. The instruments by which these re-
medies may be obtained, are suits or
actions; which are defined to be the
legal demand of one's right: and
these are, I. Personal. II. Real. III.
Mixed

92-95

116-118

95-98

119

7. Injuries to personal security are, I.
Against a man's life. II. Against
his limbs. III. Against his body.
IV. Against his health. V. Against
his reputation. -The first must be re-
ferred to the next book

119

98-103

7. Civil injuries, cognizable in the court military, or court of chivalry, are, I. Injuries in point of honour. Remedy: by suit for honourable amends. II. Encroachments in coat-armour, &c.