Commentaries on the Laws of England in Four Books, vol. 2
A two volume edition of the classic work on English law by Blackstone. This edition is interesting because it includes the commentaries of at least 5 previous editors of Blackstone’s work along with additional notes by Sharswood, the Chief Justice of the Supreme Court of Pennsylvania. Vol. 2 contains Book III on Private Wrongs, and Book IV on Public Wrongs.
Commentaries on the Laws of England in Four Books. Notes selected from the editions of Archibold, Christian, Coleridge, Chitty, Stewart, Kerr, and others, Barron Field’s Analysis, and Additional Notes, and a Life of the Author by George Sharswood. In Two Volumes. (Philadelphia: J.B. Lippincott Co., 1893).
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The text is in the public domain.
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- Author: Sir William Blackstone
- Editor: George Sharswood
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Table of Contents
- CONTENTS OF THE ANALYSIS OF BOOK III.
- ANALYSIS. BOOK III.—OF PRIVATE WRONGS.
- CONTENTS OF THE ANALYSIS OF BOOK IV.
- ANALYSIS. BOOK IV.*—OF PUBLIC WRONGS.
- COMMENTARIES ON THE LAWS OF ENGLAND.
- BOOK THE THIRD.: Of Private Wrongs.
- CHAPTER I.: OF THE REDRESS OF PRIVATE WRONGS BY THE MERE ACT OF THE PARTIES.
- CHAPTER II.: OF REDRESS BY THE MERE OPERATION OF LAW.
- CHAPTER III.: OF COURTS IN GENERAL.
- CHAPTER IV.: OF THE PUBLIC COURTS OF COMMON LAW AND FQUITY.
- *[*61CHAPTER V.: OF COURTS ECCLESIASTICAL, MILITARY, AND MARITIME.
- CHAPTER VI.: OF COURTS OF A SPECIAL JURISDICTION.
- CHAPTER VII.: OF THE COGNIZANCE OF PRIVATE WRONGS.
- CHAPTER VIII.: OF WRONGS, AND THEIR REMEDIES, RESPECTING THE RIGHTS OF PERSONS.
- CHAPTER IX.: OF INJURIES TO PERSONAL PROPERTY.
- CHAPTER X.: OF INJURIES TO REAL PROPERTY; AND FIRST OF DISPOSSESSION, OR OUSTER OF THE FREEHOLD.
- CHAPTER XI.: OF DISPOSSESSION, OR OUSTER, OF CHATTELS REAL.
- CHAPTER XII.: OF TRESPASS.
- CHAPTER XIII.: OF NUISANCE.
- CHAPTER XIV.: OF WASTE.
- CHAPTER XV.: OF SUBTRACTION.
- CHAPTER XVI.: OF DISTURBANCE.
- CHAPTER XVII.: OF INJURIES PROCEEDING FROM, OR AFFECTING, THE CROWN.
- CHAPTER XVIII.: OF THE PURSUIT OF REMEDIES BY ACTION; AND FIRST OF THE ORIGINAL WRIT.
- CHAPTER XIX.: OF PROCESS.
- CHAPTER XX.: OF PLEADING
- CHAPTER XXI.: OF ISSUE AND DEMURRER.
- CHAPTER XXII.: OF THE SEVERAL SPECIES OF TRIAL.
- CHAPTER XXIII.: OF THE TRIAL BY JURY.
- CHAPTER XXIV.: OF JUDGMENT AND ITS INCIDENTS.
- CHAPTER XXV.: OF PROCEEDINGS IN THE NATURE OF APPEALS.
- CHAPTER XXVI.: OF EXECUTION.
- CHAPTER XXVII.: OF PROCEEDINGS IN THE COURTS OF EQUITY.
- APPENDIX.
- No. I.: PROCEEDINGS ON A WRIT OF RIGHT PATENT.
- Sect. 1.: Writ of Right Patent in the Court Baron.No. 1.
- Sect. 2.: Writ of Tolt, to remove it into the County Court.
- Sect. 3.: Writ of Pone, to remove it into the Court of Common Pleas.
- Sec. 4.: Writ of Right, quia Dominus remisit Curiam.
- Sect. 5.: The Record, with the Award of Battel.1
- Sect. 6.: Trial by the Grand Assize.
- **vii.]No. II.: PROCEEDINGS ON AN ACTION OF TRESPASS IN EJECTMENT, BY ORIGINAL, IN THE KING’S BENCH.
- Sect. 1.: The Original Writ.
- Sect. 2.: Copy of the Declaration against the Casual Ejector, who gives Notice thereupon to the Tenant in Possession.
- Michaelmas, the 29th of King George the Second.
- *[*ix.Sect. 3.: The Rule of Court.
- Sect. 4.: The Record.
- *[*xiii.No. III.: PROCEEDINGS ON AN ACTION OF DEBT IN THE COURT OF COMMON PLEAS; REMOVED INTO THE KING’S BENCH BY WRIT OF ERROR.
- Sect. 1.: Original.
- Sect. 2.: Process.
- Sect. 3.: 4Bill of Middlesex, and Latitat thereupon in the Court of King’s Bench.
- Sect. 4.: Writ of Quo Minus in the Exchequer.
- Sect. 5.: Special Bail, on the Arrest of the Defendant, pursuant to the Testatum Capias, in page XIV.
- Trinity Term, 28 Geo. II.
- **XXI.]Sect. 6.: The Record as removed by Writ of Error.
- Sect. 7.: Process of Execution.
- BOOK THE FOURTH.: Of Public Wrongs.
- CHAPTER I.: OF THE NATURE OF CRIMES, AND THEIR PUNISHMENT.
- CHAPTER II.: OF THE PERSONS CAPABLE OF COMMITTING CRIMES.
- CHAPTER III.: OF PRINCIPALS AND ACCESSORIES.
- CHAPTER IV.: OF OFFENCES AGAINST GOD AND RELIGION.
- *[*66CHAPTER V.: OF OFFENCES AGAINST THE LAW OF NATIONS.
- CHAPTER VI.: OF HIGH TREASON.
- CHAPTER VII.: OF FELONIES INJURIOUS TO THE KING’S PREROGATIVE.
- CHAPTER VIII.: OF PRÆMUNIRE.
- CHAPTER IX.: OF MISPRISIONS AND CONTEMPTS AFFECTING THE KING AND GOVERNMENT.
- CHAPTER X.: OF OFFENCES AGAINST PUBLIC JUSTICE.
- CHAPTER XI.: OF OFFENCES AGAINST THE PUBLIC PEACE.
- CHAPTER XII.: OF OFFENCES AGAINST PUBLIC TRADE.
- CHAPTER XIII.: OF OFFENCES AGAINST THE PUBLIC HEALTH, AND THE PUBLIC POLICE OR ECONOMY.
- CHAPTER XIV.: OF HOMICIDE.
- CHAPTER XV.: OF OFFENCES AGAINST THE PERSONS OF INDIVIDUALS.
- CHAPTER XVI.: OF OFFENCES AGAINST THE HABITATIONS OF INDIVIDUALS.
- CHAPTER XVII.: OF OFFENCES AGAINST PRIVATE PROPERTY.
- CHAPTER XVIII.: OF THE MEANS OF PREVENTING OFFENCES.
- CHAPTER XIX.: OF COURTS OF A CRIMINAL JURISDICTION.
- CHAPTER XX.: OF SUMMARY CONVICTIONS.
- CHAPTER XXI.: OF ARRESTS.
- CHAPTER XXII.: OF COMMITMENT AND BAIL.
- CHAPTER XXIII.: OF THE SEVERAL MODES OF PROSECUTION.
- CHAPTER XXIV.: OF PROCESS UPON AN INDICTMENT.
- CHAPTER XXV.: OF ARRAIGNMENT AND ITS INCIDENTS.
- CHAPTER XXVI.: OF PLEA, AND ISSUE.
- CHAPTER XXVII.: OF TRIAL AND CONVICTION.
- CHAPTER XXVIII.: OF THE BENEFIT OF CLERGY.
- CHAPTER XXIX.: OF JUDGMENT AND ITS CONSEQUENCES.
- CHAPTER XXX.: OF REVERSAL OF JUDGMENT.
- CHAPTER XXXI.: OF REPRIEVE AND PARDON.
- CHAPTER XXXII.: OF EXECUTION.
- CHAPTER XXXIII.: OF THE RISE, PROGRESS, AND GRADUAL IMPROVEMENTS OF THE LAWS OF ENGLAND.
- APPENDIX.
- Sect. 1.: Record of an Indictment and Conviction of Murder, at the Assizes.
- Sect. 2.: Conviction of Manslaughter.
- Sect. 3.: Entry of a Trial instanter in the Court of King’s Bench, upon a Collateral Issue; and Rule of Court for Execution thereon.
- Sect. 4.: Warrant of Execution on Judgment of Death, at the General Gaol-Delivery in London and Middlesex.
- Sect. 5.: Writ of Execution upon a Judgment of Murder, before the King in Parliament.
- AN ANALYSIS OF BLACKSTONE’S COMMENTARIES ON The Laws of England.
- INTRODUCTION.
- SECTION II.—: Of the Nature of Laws in General.
- SEC. III.—: Of the Laws of England.
- SEC. IV.—: Of the Courts subject to the Laws of England.
- BOOK I.—: OF THE RIGHTS OF PERSONS.
- CHAPTER I.—: Of the Absolute Rights of Individuals.
- CHAP. II.—: Of the Parliament.
- CHAP. III.—: Of the King and his Title.
- CHAP. IV.—: Of the King’s Royal Family.
- CHAP. V.—: Of the Councils belonging to the King.
- CHAP. VI.—: Of the King’s Duties.
- CHAP. VII.—: Of the King’s Prerogative.
- CHAP. VIII.—: Of the King’s Revenue.
- CHAP. IX.—: Of Subordinate Magistrates.
- CHAP. X.—: Of the People, whether Aliens, Denizens, or Natives.
- CHAP. XI.—: Of the Clergy.
- CHAP. XII.—: Of the Civil State.
- CHAP. XIII.—: Of the Military and Maritime States.
- CHAP. XIV.—: Of Master and Servant.
- CHAP. XV.—: Of Husband and Wife.
- CHAP. XVI.—: Of Parent and Child.
- CHAP. XVII.—: Of Guardian and Ward.
- CHAP. XVIII.—: Of Corporations.
- BOOK II.—: OF THE RIGHTS OF THINGS.
- CHAP. I.—: Of Property in General.
- CHAP. II.—: Of Real Property; and, first, of Corporeal Hereditaments.
- CHAP. III.—: Of Incorporeal Hereditaments.
- CHAP. IV.—: Of the Feodal System.
- CHAP. V.: Of the Ancient English Tenures.
- CHAP. VI.—: Of the Modern English Tenures.
- CHAP. VII.—: Of Freehold Estates of Inheritance.
- CHAP. VIII.—: Of Freeholds not of Inheritance.
- CHAP. IX.—: Of Estates less than Freehold.
- CHAP. X.—: Of Estates upon Condition.
- CHAP. XI.—: Of Estates in Possession, Remainder, and Reversion.
- CHAP. XII.—: Of Estates in Severalty, Joint-Tenancy, Coparcenary, and Common.
- CHAP. XIII.—: Of the Title to Things Real in General.
- CHAP. XIV.—: Of Title by Descent.
- CHAP. XV.—: Of Title by Purchase; and, first, by Escheat.
- CHAP. XVI.—: Of Title by Occupancy.
- CHAP. XVII.—: Of Title by Prescription.
- CHAP. XVIII.—: Of Title by Forfeiture.
- CHAP. XIX.—: Of Title by Alienation.
- CHAP. XX.—: Of Alienation by Deed.
- CHAP. XXI.—: Of Alienation by Matter of Record.
- CHAP. XXII.—: Of Alienation by Special Custom.
- CHAP. XXIII.—: Of Alienation by Devise.
- CHAP. XXIV.—: Of Things Personal.
- CHAP. XXV.—: Of Property in Things Personal.
- CHAP. XXVI.—: Of Title to Things Personal by Occupancy.
- CHAP. XXVII.—: Of Title by Prerogative and Forfeiture.
- CHAP. XXVIII.—: Of Title by Custom.
- CHAP. XXIX.—: Of Title by Succession, Marriage, and Judgment.
- CHAP. XXX.—: Of Title by Gift, Grant, and Contract.
- CHAP. XXXI.—: Of Title by Bankruptcy.
- CHAP. XXXII.—: Of Title by Testament and Administration.
- BOOK III.—: OF PRIVATE WRONGS.
- CHAP. I.—: Of the Redress of Private Wrongs by the mere Act of the Parties.
- CHAP. II.—: Of Redress by the mere Operation of Law.
- CHAP. III.—: Of Courts in General.
- CHAP. IV.—: Of the Public Courts of Common Law and Equity.
- CHAP. V.—: Of Courts Ecclesiastical, Military, and Maritime.
- CHAP. VI.—: Of Courts of a Special Jurisdiction.
- CHAP. VII.—: Of the Cognizance of Private Wrongs.
- CHAP. VIII.—: Of Wrongs and their Remedies respecting the Rights of Persons.
- CHAP. IX.—: Of Injuries to Personal Property.
- CHAP. X.—: Of Injuries to Real Property; and, first, of Dispossession, or Ouster of the Freehold.
- CHAP. XI.—: Of Dispossession or Ouster of Chattels Real.
- CHAP. XII.—: Of Trespass.
- CHAP. XIII.—: Of Nuisance.
- CHAP. XIV.—: Of Waste.
- CHAP. XV.—: Of Subtraction.
- CHAP. XVI.—: Of Disturbance.
- CHAP. XVII.—: Of Injuries proceeding from or affecting the Crown.
- CHAP. XVIII.—: Of the Pursuit of Remedies by Action; and, first, of the Original Writ.
- CHAP. XIX.—: Of Process.
- CHAP. XX.—: Of Pleading.
- CHAP. XXI.—: Of Issue and Demurrer.
- CHAP. XXII.—: Of the several Species of Trial.
- CHAP. XXIII.—: Of Trial by Jury.
- CHAP. XXIV.—: Of Judgment and its Incidents.
- CHAP. XXV.—: Of Proceedings in the Nature of Appeals.
- CHAP. XXVI.—: Of Execution.
- CHAP. XXVII.—: Of Proceedings in the Courts of Equity.
- BOOK IV.—: OF PUBLIC WRONGS.
- CHAP. I.—: Of the Nature of Crimes, and their Punishment.
- CHAP. II.—: Of the Persons capable of committing Crimes.
- CHAP. III.—: Of Principals and Accessories.
- CHAP. IV.—: Of Offences against God and Religion.
- CHAP. V.—: Of Offences against the Law of Nations.
- CHAP. VI.—: Of High Treason.
- CHAP. VII.—: Of Felonies injurious to the King’s Prerogative.
- CHAP. VIII.—: Of Præmunire.
- CHAP. IX.—: Of Misprisions and Contempts affecting the King and Government.
- CHAP. X.—: Of Offences against Public Justice.
- CHAP. XI.—: Of Offences against the Public Peace.
- CHAP. XII.—: Of Offences against Public Trade.
- CHAP. XIII.—: Of Offences against the Public Health and the Public Police or Economy.
- CHAP. XIV.—: Of Homicide.
- CHAP. XV.—: Of Offences against the Persons of Individuals.
- CHAP. XVI.—: Of Offences against the Habitations of Individuals.
- CHAP. XVII.—: Of Offences against Private Property.
- CHAP. XVIII.—: Of the Means of preventing Offences.
- CHAP. XIX.—: Of Courts of a Criminal Jurisdiction.
- CHAP. XX.—: Of Summary Convictions.
- CHAP. XXI.—: Of Arrests.
- CHAP. XXII.—: Of Commitment and Bail.
- CHAP. XXIII.—: Of the several Modes of Prosecution.
- CHAP. XXIV.—: Of Process upon an Indictment.
- CHAP. XXV.—: Of Arraignment and its Incidents.
- CHAP. XXVI.: Of Plea and Issue.
- CHAP. XXVII.—: Of Trial and Conviction.
- CHAP. XXVIII.—: Of the Benefit of Clergy.
- CHAP. XXIX.—: Of Judgment and its Consequences.
- CHAP. XXX.—: Of Reversal of Judgment.
- CHAP. XXXI.—: Of Reprieve and Pardon.
- CHAP. XXXII.—: Of Execution.
- CHAP. XXXIII.—: Of the Rise, Progress, and Gradual Improvements of the Laws of England.
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