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L AWS OF ENGLAND:
IN FOUR BOOKS;
AN ANALYSIS OF THE WORK.
SIR WILLIAM BLACKSTONE, KNT.
ONE OF THE JUSTICES OF THE COURT OF COMMON PLEAS.
IN TWO VOLUMES,
FROM THE NINETEENTH LONDON EDITION.
LIFE OF THE AUTHOR, AND NOTES
CHRISTIAN, CHITTY, LEE, HOVENDEN, AND RYLAND:
REFERENCES TO AMERICAN CASES,
BY A MEMBER OF THE NEW YORK BAR.
VOL. II.-BOOK III. & IV.
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.
VAN NORDEN & AMERMAN,
60 William St., N. Y.
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. 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. Of private or special jurisdiction
2. Or the cognizance of wrongs, in the courts-
1. or the respective remedies, for injuries affecting
1. The rights of private persons
2. În action ; by breach of contracts
(1. Ouster, or dispossession of
2. Chattels real
3. The rights of the crown
2. Of the pursuit of remedies,
(1. By action at common law; wherein of
4. Demurrer and issue
5. Trial ; by
5. Wager of battel,
6. Wager of law
12. By proceedings in the courts of equity
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
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
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 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
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 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
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.
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
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, 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
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
I. Personal. II. Real. III. suit for restitution. IJI. Inability for
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
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.
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