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COMMEN" ARIES 1850

ON THE

L AWS 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 NINETEENTH 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:
WILLIAM E. DEAN, PUBLISHER,
10 NASSAU STREET.

1853.

Entered according to the Act of Congress in the year 1832, by

WILLIAM E. DEAN,

In the Clerk's Office of the Southern District of New-York.

STEREOTYPED BY THOMAS B. SMITH, 216 William St., N. Y.

PRINTED BY

VAN NORDEN & AMERMAN,

60 William St., N. Y.

CONTENTS

OF

THE ANALYSIS OF BOOK III.

PRIVATE WRONGS,

.

V

VI

VII

VIII

IX

For which the laws of England have provided redress

I. By the mere act of the parties,

11. 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.

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. Or the cognizance of wrongs, in the courts-

1. Ecclesiastical,

2. Military,

3. Maritime

4. Of common law; wherein

1. or the respective remedies, for injuries affecting

1. The rights of private persons

s 1. Absolute,

2. Relative

2. The rights of property

1. Personal,

s.

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

X

XI

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 al 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 rights 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 pub. land

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. II. 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, 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. II. The court-la. of goods. III. Entry on lands and

ron. III. The hundred court. IV. The tenements. IV. Abatement of nuisan

county court. V. The court of Com. ces. 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 Excheposed 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
and Nisi Prius

32-60

CHAPTER II.

CHAPTER V.

OF REDRESS BY THE MERE OPERATION OF Courts ECCLESIASTICAL, MILI.
of Law
18 to 21 TARY, AND MARITIME

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 Wil. where a creditor is executor or ad- liam the Conqueror), or courts Chrisministrator, and is thereupon allowed

tian, are, I. The court of the Arch. to retain his own debt. II. In the

deacon. II. The court of the Bishop's case of remitter; where one, who has

Consistory. III. The court of Arches. 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
CHAPTER III.

annually established by act of Parlia-
ment, being only temporary

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 couris 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.

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

I.' The forest courts; in

TION

diction are,

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 aris. The 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 othor royal franchises.' VIII. The 9. All other injuries are cognizable only stannary courts. IX. The courts of

in the courts of common law : of London, and other corporations :-to

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
CHAPTER VII.
of prohibition

109-114

CHAPTER VIII.
OF THE COGNIZANCE OF PRIVATE
WRONGS

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

SONS

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, I. 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, I. By delivery of tion. IV. Dilapidations. Remedy: the thing detained to the rightful ownBy suit for damages. V. Non-repair er. 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. II. Subtrac

legal demand of one's right: and tion of conjugal rights. Remedy: by

these are,

I. Personal. II. Real. III. suit for restitution. IJI. 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 wife. 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, I. 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 Ill. Subtraction of legacies. Reme. sonal liberty. III. Private property. dy: by suit for the payment

95-98 (See Book I. Ch. 1). 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. law: but their only compulsive pro

Against a man's life. II. Against cess is that of excommunication ;

bis limbs. III. Against his body. which is enforced by the temporal writ IV. Against his health. V. Against of significavit or 'de excommunicato his reputation.—The first must be recapiendo 98-103 ferred to the next book

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. Reby suit for honourable amends. 11. medy: by action of trespass vi et ar. Encroachments in coat-armour, &c. mis, for damages

120