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: 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 CONTENTS WILLIAM E. DEAN, In the Clerk's Office of the Southern District of New-York. STEREOTYPED BY SMITH & WRIGHT, 216 Wm. St. N. Y. OF THE ANALYSIS OF BOOK III. PRIVATE WRONGS, 1. IX For which the laws of England have provided redress I. By the mere act of the parties, 11. Their nature and incidents, (1. The courts of common law and equity, 4. Courts maritime : : : : 1. Ecclesiastical, 1. Of the respective remedies, for injuries affecting 1. Absolute, 2. Relative In possession; by 1. Dispossession, Sl. Freeholds 2. Chattels real 6. Disturbance 1. By action at common law; wherein of 1. Original '1. Record, 7. Jury 8. Execution. . XI XII XIII XIV XV XVI XVII XVIII XXI XXII XXIII XXIV XXV XXVI XXVII BOOK III.—OF PRIVATE WRONGS. Page CHAPTER I. 4. Incident to all courts are, a plaintiff, Page defendant, and judge : and with us, OF THE REDRESS OF PRIVATE WRONGS, there are also usually attorneys; and BY THE MERE ACT OF THE PARTIES 2 to 16 advocates or counsel, viz. either bar. 1. Wrongs are the privation of right; risters, or serjeants at law 25 and are, I. Private. II. Public 2 2. Private wrongs, or civil injuries, are CHAPTER IV. an infringement, or privation, of the civil righis of individuals, considered OF THE PUBLIC COURTS OF COMMON as individuals 2 LAW AND EQUITY 30 to 60 3. The redress of civil injuries is one 1. Courts of justice, with regard to principal object of the laws of Eng. their several species, are, I. Of a publand 3 lic or general jurisdiction throughout 4. This redress is effected, I. By the the realm. II. Of a private or special mere act of the parties. Il. By the jurisdiction 30 mere operation of law. III. By both 2. Public courts of justice are, I. The together, or suit in courts 3 courts of common law and equity. II. 5. Redress by the mere act of the par The ecclesiastical courts. III. The ties, is that which arises, I. From the military courts. IV. The maritime sole act of the party injured. II. From courts 30 the joint act of all the parties 3 3. The general and public courts of 6. Or the first sort are,' I. Defence of common law and equity are, I. The one's self, or relations. II. Recaption court of piepoudre. 11. The court-baof goods. III. Entry on lands and ron. III. The hundred court. IV. The tenements. IV. Abatement of nuisan county court. V. The court of Comces. V. Distress-for rent, for suit or mon Pleas. VI. The court of King's service, for amercements, for damage, Bench. VII. The court of Exchequer. or for divers statutable penalties VIII. The court of Chancery. (Which made of such things only as are legal- two last are courts of equity as well ly distreinable ; and taken and dis as law). IX. The courts of Exche. posed of according to the due course quer-Chamber. X. The house of of law. VI. Seizing of heriots, &c. 3–15 Peers. To which may be added, as 7. Of the second sort are, I. Accord. auxiliaries, XI. The courts of Assise II. Arbitration 15, 16 32-60 CHAPTER II. CHAPTER V. OF REDRESS BY THE MERE OPERATION Of Courts ECCLESIASTICAL, Mili. 62-68 1. Redress effected by the mere opera. 1. Ecclesiastical courts, (which were tion of law, is, I. In case of retainer; separated from the temporal by Wilwhere a creditor is executor or ad liam the Conqueror), or courts Chris. ministrator, and is thereupon allowed tian, are, I. The court of the Archto retain his own debt. II. In the deacon. Il. The court of the Bishop's case of remitter; where one, who has Consistory. Ill. The court of Arcbes. a good title to lands, &c., comes into IV. The court of Peculiars. V. The possession by a bad one, and is there Prerogative court. VI. The court of upon remitted to his ancient good title, Delegates. VII. The court of Re. which protects his ill-acquired posses. view 62-68 sion 18–21. 2. The only permanent military court is that of chivalry; the courts martial annually established by act of Parlia- 67 OF COURTS IN GENERAL 22 to 25 3. Maritime courts are, I. The court of 1. Redress that is effected by the act Admiralty and Vice-Admiralty. II. both of law and of the parties, is by The court of Delegates. III. The suit or action in the courts of justice 22 lords of the Privy Council, and others 2. Herein may be considered,' I. The authorized by the king's commission, courts themselves. II. The cogni. for appeals in prize-causes 68 zance of wrongs, or injuries, therein, And of courts, I. Their nature and CHAPTER VI. incidents. II. Their several species 23 3. A court is a place wherein justice is OF Courts Of A SPECIAL JURISDICjudicially administered, by officers de TION 71 to 85 legated by the crown : being a court 1. Courts of a special or private juriseither of record, or not of record 23-24 diction are, I. The forest courts; in SONS Page Page cluding the courts of attachments, re- Remedy ; by suit to remove them. gard, sweinmote, and justice-seat. II. The proceedings are in a summary The court of Commissioners of Sew. method 103-106 ers. III. The court of policies of as- 8. Civil injuries cognizable in the courts surance. IV. The court of the Mar maritime, are injuries, in their nature shalsea and the Palace Court. V. of common law cognizance, but arisThe courts of the principality of ing wholly upon the sea, and not Wales. VI. The court of the duchy. within the precincts of any county, chamber of Lancaster. VII. The The proceedings are herein also much courts of the counties palatine, and conformed to the civil law 106-109 other royal franchises. VIII. The 9. All other injuries are cognizable only stannary courts. IX. The courts of in the courts of coinmon law : of London, and other corporations :-10 which in the remainder of this book 109-114 which may be referred the courts of 10. Two of them are, however, comrequests, or courts of conscience; missible by these, and other, inferior and the modern regulations of certain courts ; viz. I. Refusal, or neglect, of courts baron and county courts. X. justice. Remedies : by writ of proThe courts of the two Universities 71-85 cedendo, or mandamus. II. Encroach ment of jurisdiction. Remedy: by writ 109-114 CHAPTER VIII. 85 to 114 OF WRONGS, AND THEIR REMEDIES, 1. All private wrongs or civil injaries RESPECTING THE RIGHTS OF PERare cognizable either in the courts 115 to 143 ecclesiastical, military, maritime, or 1. In treating of the cognizance of inthose of common law 86 juries by the courts of common law, 2. Injuries cognizable in the ecclesias- may be considered, I. The injuries tical courts are, 1. Pecuniary. II. themselves, and their respective remeMatrimonial. III. Testamentary 87-8 dies. II. The pursuits of those reme3. Pecuniary injuries, here cognizable, dies in the several courts 115 are, I. Subtraction of tithes. For 2. Injuries between subject and subject, which the remedy is by suit to compel cognizable by the courts of common their payment, or an equivalent; and law, are in general remedied by putalso their double value. II. Non-pay ting the party injured into possession ment of ecclesiastical dues. Reme. of that right whereof he is unjustly dy: by suit for payment. III. Spo- deprived 115 liation. Remedy: by suit for restitu. 3. This is effected, L By delivery of tion. IV. Dilapidations. Remedy: the thing detained to the rightful own. By suit for damages. V. Non-repair II. Where that remedy is either of the church, &c.; and non-payment impossible or inadequate, by giving the of church-rates. Remedy : by suit to party injured a satisfaction in damages 116 compel them 88-92 4. The instruments by which these re4. Matrimonial injuries are, I. Jactita- medies may be obtained, are suits or tion of marriage. Remedy: by suit actions; which are defined to be the for perpetual silence. 11. Subtrac legal demand of one's right: and tion of conjugal rights. Remedy: by these are, I. Personal. II. Real. III. suit for restitution. II. Inability for Mixed 116-118 the marriage state. Remedy: by suit 5. Injuries (whereof some are with, for divorce. IV. Refusal of decent others without, force) are, I. Injuries maintenance to the wise. Remedy: to the rights of persons. II. Injuries by suit for alimony 92-95 to the rights of property. And the 5. Testamentary injuries are, 1. Disput- former are, I. Injuries to the absolute. ing the validity of wills. Remedy: II. Injuries to the relative, rights of by suit to establish them. II. Ob. persons 118-119 structing of administrations. Reme. 6. The absolute rights of individuals dy: by suit for the granting them. are, I. Personal security. II. Per. III. Subtraction of legacies. Reme- sonal liberty. III. Private property. dy: by suit for the payment 95-98 (See Book Í. Ch. I). To which the 6. The course of proceedings herein is injuries must be correspondent 119 much conformed to the civil and canon 7. Injuries to personal security are, I. 119 7. Civil injuries, cognizable in the court 8. Injuries to the limbs and body are, I. military, or court of chivalry, are, I. Threats. II. Assault. III. Battery, Injuries in point of honour. Remedy: IV. Wounding. V. Mayhem. Re. by suit for honourable amends. II. medy : by action of trespass vi et ar. Encroachments in coat-armour, &c. mis, for dainages 120 er. |
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