By SIR WILLIAM BLACKSTONE, Knight,

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

TOGETHER WITH

SUCH NOTES OF ENDURING VALUE AS HAVE BEEN PUBLISHED IN
THE SEVERAL ENGLISH EDITIONS.

AND ALSO

A COPIOUS ANALYSIS OF THE CONTENTS;

And Additional Notes with References to English and American Decisions and Statutes,
to date, which Illustrate or Change the Law of the Text; also, a
Full Table of Abbreviations, and

SOME CONSIDERATIONS REGARDING THE STUDY OF THE LAW.

BY THOMAS M. COOLEY,

JAY PROFESSOR of Law in the UNIVERSITY OF MICHIGAN, AND Author of
"CONSTITUTIONAL LIMITATIONS."

VOL. 2. INCLUDING BOOKS III & IV.

SECOND EDITION-REVISED.

CHICAGO.

CALLAGHAN AND COMPANY.

1876.

Entered according to act of Congress in the year eighteen hundred and seventy.
BY CALLAGHAN & COCKCROFT,

In the office of the Librarian of Congress, at Washington.

Entered according to act of Congress, in the year eighteen hundred and seventy-two,

BY CALLAGHAN & CO.,

In the office of the Librarian of Congress, at Washington.

CHARLES VAN BENTHUYSEN & SONS,
PRINTERS, STEREOTYPERS AND BINDERS,
ALBANY, NEW YORK.

CHAPTER I.

II.

III.

SECTION

CONTENTS OF THIS VOLUME.

CHAPTER

BOOK III. OF PRIVATE WRONGS.

Of the Redress of Private Wrongs by the mere act of the Parties,.
Of Redress by the mere Operation of Law,
Of Courts in General,..............

IV.

Of the Public Courts of Common Law and Equity,.
V. Of Courts Ecclesiastical, Military and Maritime,.
VI. Of Courts of a Special Jurisdiction,.

VII. Of the Cognizance of Private Wrongs...

VIII. Of Wrongs and their Remedies, respecting the Rights of Persons,.
IX. Of Injuries to Personal Property,.

X. Of Injuries to Real Property, and first, of Dispossession, or Ouster,
of the Freehold,......

་

XI. Of Dispossession, or Ouster, of Chattels Real,

XII. Of Trespass,

'XIII. Of Nuisance,
XIV. Of Waste,

XV. Of Subtraction,
XVI. Of Disturbance,

......

XVII. Of Injuries proceeding from or affecting the Crown,.
XVIII. Of the Pursuit of Remedies by Action; and first, of the Original

Writ,
XIX. Of Process,

XX. Of Pleading,

XXI. Of Issue and Demurrer,.

....

XXII. Of the several species of Trial,.
XXIII. Of the trial by Jury,.....
XXIV. Of Judgment and its Incidents,..

XXV. Of Proceedings in the nature of Appeals,
XXVI. Of Execution,..
XXVII. Of Proceedings in the Courts of Equity,

...

.. ....

....

...

Proceedings on an Action of Debt in the Court of Common Pleas, removed into the King's Bench by Writ of Error........

BOOK IV. OF PUBLIC WRONGS.

I. Of the Nature of Crimes and their Punishment,..
II. Of the Persons Capable of Committing Crimes,..
III. Of Principals and Accessories,.....
IV. Of Offences against God and Religion,.

V. Of Offences against the Law of Nations,.

.....

VI. Of High Treason,...
VII. Of Felonies injurious to the King's Prerogative,.
VIII. Of Præmunire,

PAGE.

1

18

22

30

61

71

86

115

144

167

198

208

216

223

230

236

254

APPENDIX.

I. Proceedings on a Writ of Right Patent,..

457

II.

Proceedings on an Action of Trespass in Ejectment, by Original in the King's Bench,..

460

III.

463

270

279

293

314

325

349

386

402

412

426

1 20

34

41

66

74

94

103

IX. Of Misprisons and Contempts affecting the King and Government,.. 119

X. Of Offences against Public Justice,.

127

XI. Of Offences against the Public Peace,.

142