ON THE LAWS OF ENGLAND. IN FOUR BOOKS. BY SIR WILLIAM BLACKSTONE, KNT. ONE OF THE JUSTICES OF HIS MAJESTY'S COURT OF COMMON PLEAS WITH NOTES SELECTED FROM THE EDITIONS OF ARCHBOLD, CHRISTIAN, COLERIDGE, CHITTY, STEWART, BARRON FIELD'S ANALYSIS, AND Additional Notes, and a Life of the Author, BY GEORGE SHARSWOOD, PROFESSOR OF THE INSTITUTES OF LAW IN THE UNIVERSITY OF PENNSYLVANIA, IN TWO VOLUMES. VOL. II.-BOOKS III. & IV. PHILADELPHIA: GEORGE W. CHILDS, 628 & 630 CHESTNUT ST. 1866. KE 385 B4325 1866 2 Entered according to Act of Congress, in the year 1859, by CHILDS & PETERSON, in the Clerk's Office of the District Court of the United States for the Eastern District of Pennsylvania. CONTENTS OF THE ANALYSIS OF BOOK III. 1. Their nature and incidents. 2. Their several distinctions; viz. 1. Of public or general jurisdiction; as, ANALYSIS. BOOK III.-OF PRIVATE WRONGS. CHAPTER I. OF THE REDRESS OF PRIVATE WRONGS BY THE MERE ACT OF THE PARTIES.... Page 2 to 16 1. Wrongs are the privation of right; and are, I. Private. II. Public 2. Private wrongs, or civil injuries, are an infringement, or privation, of the civil rights of individuals, considered as individuals 3. The redress of civil injuries is one principal object of the laws of England........ 4. This redress is effected, I. By the mere act of the parties. II. By the mere operation of law. III. By both together, or suit in courts.. .................. 2 3 3 5. Redress by the mere act of the parties. is that which arises, I. From the sole act of the party injured. II. From the joint act of all the parties......... 6. Of the first sort are, I. Defence of one's self, or relations. II. Recaption of goods. III. Entry on lands and tenements. IV. Abatement of nuisances. V. Distressfor rent, for suit or service, for amercements, for damage, or for divers statutable penalties,-made of such things only' as are legally distrainable; and taken and disposed of according to the due course of law. VI. Seizing of heriots, &c..3-15 7. Of the second sort are, I. Accord. II. Arbitration......... CHAPTER II. 15-16 30 2. Public courts of justice are, I. The courts of common law and equity. II. The ecclesiastical courts. III. The military courts. IV. The maritime courts...... 3. The general and public courts of common law and equity are, I. The court of piepoudre. II. The court-baron. III.. The hundred court. IV. The county court. V. The court of Common Pleas. VI. The court of King's Bench. VII. The court of Exchequer. VIII. The court of Chancery. (Which two last are courts of equity as well as law.) IX. The courts of Exchequer-Chamber. X. The house of Peers. To which may be added, as auxiliaries, XI. The courts of Assize and Nisi Prius ....................... ..........32-60 CHAPTER V. OF COURTS ECCLESIASTICAL, MILITARY, AND 62-68 MARITIME... 1. Ecclesiastical courts, (which were separated from the temporal by William the Conqueror,) or courts Christian, are, I. The court of the Archdeacon. II. The court of the Bishop's Consistory. III. The court of Arches. IV. The court of Peculiars. V. The Prerogative Court. The court of Delegates. VII. The court .62-68 of Review....... 2. The only permanent military court is that of chivalry; the courts-martial annually established by act of parliament being only temporary.. VI. 67 3. Maritime courts are, I. The court of Admiralty and Vice-Admiralty. II. The court of Delegates. III. The lords of the Privy Council, and others authorized by the king's commission, for appeals in prize-causes... 68 ........ CHAPTER VI. OF COURTS OF A SPECIAL JURISDICTION...71 to 85 1. Courts of a special or private jurisdiction are, I. The forest courts; including the courts of attachments, regard, swein |