Commentaries on the Laws of England

by

William Blackstone

Based on the first edition, together with the most material corrections and additions in the second edition.

eBooks@Adelaide
2009

This web edition published by eBooks@Adelaide.

Rendered into HTML by Steve Thomas.

Last updated Saturday May 02 2009.

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Table of Contents

Preface

Introduction

  1. On The Study of The Law
  2. Of the Nature of Laws in General
  3. Of the Laws of England
  4. Of the Countries Subject to the Laws of England

Book 1: The Rights of Persons

  1. Of the Absolute Rights of Individuals
  2. Of The Parliament
  3. Of The King, and His Title
  4. Of the King's Royal Family
  5. Of the Councils Belonging to the King
  6. Of the King's Duties
  7. Of the King's Prerogative
  8. Of the King's Revenue
  9. Of Subordinate Magistrates
  10. Of the People, Whether Aliens, Denizens, or Natives
  11. Of the Clergy
  12. Of The Civil State
  13. Of the Military and Maritime States
  14. Of Master and Servant
  15. Of Husband And Wife
  16. Of Parent And Child
  17. Of Guardian And Ward
  18. Of Corporations

Book 2 : The Rights of Things

  1. Of Property, in General
  2. Of Real Property; and, First, of Corporeal Hereditaments
  3. Of Incorporeal Hereditaments
  4. Of the Feudal System
  5. Of the Ancient English Tenures
  6. Of the Modern English Tenures
  7. Of Freehold Estates, of Inheritance
  8. Of Freeholds, Not of Inheritance
  9. Of Estates, Less than Freehold
  10. Of Estates upon Condition
  11. Of Estates in Possession, Remainder, and Reversion
  12. Of Estates in Severalty, Joint-Tenancy, Coparcenary, and Common
  13. Of the Title to Things Real, in General
  14. Of Title by Descent
  15. Of Title by Purchase, And First by Escheat
  16. Of Title by Occupancy
  17. Of Title by Prescription
  18. Of Title by Forfeiture
  19. Of Title by Alienation
  20. Of Alienation by Deed
  21. Of Alienation by Matter of Record
  22. Of Alienation by Special Custom
  23. Of Alienation by Devise
  24. Of Things Personal
  25. Of Property in Things Personal
  26. Of Title to Things Personal by Occupancy
  27. Of Title by Prerogative, And Forfeiture
  28. Of Title by Custom
  29. Of Title by Succession, Marriage, and Judgment
  30. Of Title by Gift, Grant, and Contract
  31. Of Title by Bankruptcy
  32. Of Title by Testament, and Administration
  33. Appendix

Book 3 : Of Private Wrongs

  1. Of the Redress of Private Wrongs by the Mere Act of the Parties
  2. Of Redress by the Mere Operation of Law
  3. Of Courts in General
  4. Of the Public Courts of Common Law And Equity
  5. Of Courts Ecclesiastical, Military, and Maritime
  6. Of Courts of a Special Jurisdiction
  7. Of The Cognizance of Private Wrongs
  8. Of Wrongs, And Their Remedies, Respecting The Rights of Persons
  9. Of Injuries to Personal Property
  10. Of Injuries to Real Property, And First of Dispossession, or Ouster, of The Freehold
  11. Of Dispossession, or Ouster, of Chattels Real
  12. Of Trespass
  13. Of Nuisance
  14. Of Waste
  15. Of Subtraction
  16. Of Disturbance
  17. Of Injuries Proceeding From, or Affecting, the Crown
  18. Of The Pursuit of Remedies by Action; and, First, of the Original Writ
  19. Of Process
  20. Of Pleading
  21. Of Issue and Demurrer
  22. Of the Several Species of Trial
  23. Of The Trial by Jury
  24. Of Judgment, and its Incidents
  25. Of Proceedings, in the Nature of Appeals
  26. Of Execution
  27. Of Proceedings in the Courts of Equity
  28. Appendix
    1. Proceedings on a Writ of Right Patent
    2. Proceedings on an Action of Trespass in Ejectment, by Original, in the King's Bench
    3. Proceedings on an Action of Debt, in the Court of Common Pleas; Removed into the King's Bench by Writ of Error.

Book 4 : Of Public Wrongs

  1. Of the Nature of Crimes; and Their Punishment
  2. Of the Persons Capable of Committing Crimes
  3. Of Principals and Accessories
  4. Of Offenses Against God and Religion
  5. Of Offenses Against the Law of Nations
  6. Of High Treason
  7. Of Felonies, Injurious to the King's Prerogative
  8. Of Praemunire
  9. Of Misprisions and Contempts, Affecting the King and Government
  10. Of Offenses Against Public Justice
  11. Of Offenses Against the Public Peace
  12. Of Offenses Against Public Trade
  13. Of Offenses Against the Public Health, and the Public Police or Economy
  14. Of Homicide
  15. Of Offenses Against the Persons of Individuals
  16. Of Offenses Against the Habitations of Individuals
  17. Of Offenses Against Private Property
  18. Of the Means of Preventing Offenses
  19. Of Courts of a Criminal Jurisdiction
  20. Of Summary Convictions
  21. Of Arrests
  22. Of Commitment and Bail
  23. Of the Several Modes of Prosecution
  24. Of Process Upon an Indictment
  25. Of Arraignment, and its Incidents
  26. Of Plea, and Issue
  27. Of Trial, and Conviction
  28. Of the Benefit of Clergy
  29. Of Judgment, and its Consequences
  30. Of Reversal of Judgment
  31. Of Reprieve, and Pardon
  32. Of Execution
  33. Of The Rise, Progress, And Gradual Improvements, of The Laws of England
  34. Appendix

Translation of greek, latin, italian and french quotations
(with some modifications) by J. W. Jones, Esq. (1823)

Footnotes have been relocated to the end of each chapter.

TO

THE QUEEN'S MOST EXCELLENT MAJESTY,

THE FOLLOWING VIEW

OF THE LAWS AND CONSTITUTION

OF ENGLAND,

THE IMPROVEMENT AND PROTECTION OF WHICH

HAVE DISTINGUISHED THE REIGN

OF HER MAJESTY'S ROYAL CONSORT,

IS,

WITH ALL GRATITUDE AND HUMILITY,

MOST RESPECTFULLY INSCRIBED

BY HER DUTIFUL

AND MOST OBEDIENT

SERVANT,

WILLIAM BLACKSTONE.

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Last updated on Mon May 4 11:21:16 2009 for eBooks@Adelaide.