It is confidently believed that these results have been successfully accom plished by Judge Sharswood, whose long experience on the bench, and as a teacher of the law in the University of Pennsylvania, amply qualifies him for the editorship of Blackstone. No pains have been spared, either by the editor or by the publisher, to present a thorough, comprehensive, and valuable edition of the Commentaries, which shall exhibit, in an attractive typographical form, the present state of the law both in England and the United States. It may be added that it is erroneous to supp that Blackstone is intended to be read only by lawyers. In fact, the lecture, ere not originally delivered exclusively to students or practitioners of the law; and they contain nothing which may not easily understood by any intelligent reader, no matter what are his pursuits. In the style and getting-up of the present edition, some regard has been h. r-this class of readers; for the clear and legible type of the notes as well of the text, and the full octavo page, constitute a work worthy, from its ge. ral tasteful appearance, of a place in every library For the convenien e of students, Baron Field's Analysis of the Commentaries has been added at the end of the second volume. The publisher confidently asks the attention of judges, lawyers, students, scholars, and general readers to this, as the very best edition of Blackstone's Commentaries which has ever appeared either in England or the United States. From HON. THEOPHILUS PARSONS, LL.D., The eminent law writer, and Professor of Law in Harvard University. CAMBRIDGE, October 13, 1859. GENTLEMEN: I have learned in this Law School how much Students of Law need an American edition of Blackstone, which should contain the best parts of the large annotations that have accumulated in the English editions, together with new American notes, bringing the law of Blackstone down to our own age and our own country. This is precisely what is done, and excellently well done, by Judge Sharswood. And you have used a page and type which, without any sacrifice of beauty or of convenience to the reader, enable you to include the whole work in two volumes and offer it at a very low price. I have already introduced it as a Text-Book in this Law School, and recommend it, emphatically, to gentlemen who consult me as to the edition they should buy. Very respectfully, your obedient servant, THEOPHILUS PARSONS. From HON. HENRY DUTTON, LL.D., NEW HAVEN, October 25, 1859. GENTLEMEN: I am highly pleased with Judge Sharswood's edition of Blackstone's Commentaries. He has judiciously avoided the common error of supposing that the value of such a work depends upon the multiplication of references to new cases, without much regard to their pertinency or authority. In this edition the notes are chiefly confined to corrections and illustrations of the text, and are calculated to cause the work to continue to be, what it has always heretofore been, an unrivalled system of the whole common law and of English statute law. Such an edition was much needed; and I shall urgently recommend it to the students of Yale Law School, not only as an indispensable elementary work, but as a valuable standard authority. HENRY DUTTON. With the highest respect, From HON. WILLIAM KENT, LL.D., NEW YORK, October 25, 1859. GENTLEMEN: I have delayed acknowledging the receipt of Judge Sharswood's edition of Blackstone's Commentaries until I could look over the work with some care and attention. I have not yet had time to examine the notes minutely, agreeable and useful as I find the perusal of them. I have read enough, however, to appreciate the plan of the editor, and, in some degree, his execution of it. His judicious selections from the annotations of preceding editors, and his own very learned and valuable notes, have made this edition the best, I think, that has appeared-admirable for the law-student and useful to the practical lawyer. I have the honor to be, gentlemen, your obedient servant, From THEODORE W. DWIGHT, LL.D., Professor of Law in Columbia College, N. Y. WILLIAM KENT. COLUMBIA COLLEGE LAW SCHOOL, NEW YORK, October 16, 1859. GENTLEMEN: I have examined with some care your recent edition of Blackstone's Commentaries. It is very pleasant to me to see this favorite work reproduced in so beautiful a form and with such fulness of annotation. It is quite common to speak disparagingly of Blackstone's labors. But, notwithstanding all that has been urged, what Dante says of another remains true of him-"Il gran comento feo." For, whatever may be said of its value to the practising lawyer, it cannot be dispensed with, as instructors in jurisprudence well know, as an introduction to legal study. Judge Sharswood has, in my judgment, rendered an invaluable service to students of the law, in bringing within their reach the contributions made to the original text by English editors, as well as by his own learned and excellent notes. I shall use Sharswood's Blackstone as a Text-Book in our Law School, and shall strongly recommend it to such persons as may ask my opinion of its value. From AMOS DEAN, LL. D., Professor of Law in the University of Albany. THEO. W. DWIGHT. ALBANY, October 22, 1859. GENTLEMEN: The examination I have given your new edition of Blackstone's Commen. taries by Judge Sharswood has convinced me of its very great superiority over all former editions. Both the omissions and additions made by him are important. Blackstone's Commentaries have so long maintained their character as a legal classic among the students at law, that this American edition, adapting them to the present state and condition of the law in this country, must be highly acceptable to all those entering upon its study. I shall take great pleasure in recommending it, as having many advantages over any edition hitherto published. Very respectfully yours, AMOS DEAN. Blackstone's Commentaries will be sent free to any address in the United States on the receipt of $10.00. Address: J. B. LIPPINCOTT & CO., Publishers, 715 and 717 Market St., Philadephia, CONTENTS OF THE ANALYSIS OF BOOK III. PRIVATE WRONGS. for which the laws of England have provided redress, I. By the mere act of the parties........ II. 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 Of the cognizance of wrongs, in the courts— (1. Ecclesiastical, 2 Military, dip mot ex ANALYSIS. peditionx 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........ 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......... IV. 6. Of the first sort are, I. Defence of one's self, or relations. II. Recaption of goods. III. Entry on lands and tenements. Abatement of nuisances. V. Distressfor rent, for suit or service, for amercements, for damage, or for divers statutable penalties,-made of such things only and taken as are legally distrainable; 2 2 3 3 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. Arbitration........... ....................... CHAPTER II. ......... II. OF REDRESS BY THE MERE OPERATION OF LAW...... 15-16 1 Redress, effected by the mere operation f law, is, I. In case of retainer; where a reditor is executor or administrator, and is thereupon allowed to retain his own debt. II. In the case of remitter; where one who has a good title to lands, &c. comes into possession by a bad one, and is thereupon remitted to his ancient good title, which protects his ill-acquired pos session....... CHAPTER III. .18-21 ..22 to 25 OF COURTS IN GENERAL... 1 Redress that is effected by the act both of law and of the parties is by suit or action in the courts of justice..... ? Herein may be considered, I. The courts themselves. II. The cognizance of wrongs, or injuries, therein. And of courts, I. Their nature and incidents. II. Their several species....... A court is a place wherein justice is judicially administered, by officers delegated by the crown: being a court either of record, or not of record.. 22 23 .4..23-24 3. The general and public courts of common law and equity are, I. The court of piepoudre. III. II. The court-baron. 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 scut 2 a 30 30 1. Ecclesiastical courts, (which were sepa-as for la rated from the temporal by William the Conqueror,) or courts Christian, are, I. II. The The court of the Archdeacon. court of the Bishop's Consistory. III. The court of Arches. IV. The court of Peculiars. V. The Prerogative Court. VI. The court of Delegates. VII. The court of Review...... ...62-68 2. The only permanent military court is that of chivalry; the courts-martial annually established by act of parliament being only temporary.... ........ 67 3. Maritime courts are, I. The court of AdII. The miralty and Vice-Admiralty. court of Delegates. III. The lords of the Privy Council, and others authorized by the king's commission, for appeals in 68 prize-causes.. 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 mote, and justice-seat. II. The court of Commissioners of Sewers. III. The court of policies of assurance. IV. The court of the Marshalsea and the Palace Court. V. The courts of the principality of Wales. VI. The court of the duchychamber of Lancaster. VII. The courts of the counties palatine, and other royal franchises. VIII. The stannary courts. IX. The courts of London, and other corporations:-to which may be referred the courts of requests, or courts of conscience; and the modern regulations of certain courts-baron and county courts. X. The courts of the two Unirersities..... CHAPTER VII. Page 71-85 OF THE COGNIZANCE OF PRIVATE Wrongs.... 85 to 114 1. All private wrongs or civil injuries are cognizable either in the courts ecclesiastical, military, maritime, or those of common law......... .......... 86 87-88 2. Injuries cognizable in the ecclesiastical courts are, I. Pecuniary. II. Matrimonial. III. Testamentary..... 3. Pecuniary injuries, here cognizable, are, I. Subtraction of tithes. For which the remedy is by suit to compel their payment, or an equivalent; and also their double value. II. Non-payment of ecclesiastical dues. Remedy: by suit for payment. III. Spoliation. Remedy: by suit for restitution. IV. Dilapidations. Remedy: By suit for damages. V. Nonrepair of the church, &c.; and non-payment of church-rates. Remedy: by suit to compel them...... 4. Matrimonial injuries are, I. Jactitation of marriage. Remedy: by suit for perpetual silence. II. Subtraction of conjugal rights. Remedy: by suit for restiution. III. Inability for the marriage state. Remedy: by suit for divorce. IV. Refusal of decent maintenance to ...88-92 the wife. Remedy: by suit for ali mony .92-95 ..98-103 6. The course of proceedings herein is much conformed to the civil and canon law: but their only compulsive process is that of excommunication; which is enforced by the temporal writ of significavit or de excommunicato capiendo... 7. Civil injuries, cognizable in the court military, or court of chivalry, are, I. Injuries in point of honour. Remedy: by suit for honourable amends. 11. Encroachments in coat-armour, &c. Remedy by suit to remove them. The proceedings are in a summary method.. ..103-106 8. Civil injuries cognizable in the cours maritime are injuries in their nature of common-law cognizance, but arising wholly upon the sea, and not within the precincts of any county. The proceedings are herein also much conformed to the civil law.... Page 106-109 9. All other injuries are cognizable only in the courts of common law: of which in the remainder of this book...... ..109-114 10. Two of them are, however, cognizable by these, and other, inferior courts; viz. I. Refusal, or neglect, of justice. Remedies: by writ of procedendo, or mandamus. II. Encroachment of jurisdiction. Remedy: by writ of prohibition... CHAPTER VIII. .......... ........109-114 OF WRONGS, AND THEIR REMEDIES, RESPECTING THE RIGHTS OF PERSONS.......... 115 to 143 1. In treating of the cognizance of injuries by the courts of common law, may be considered, I. The injuries themselves, and their respective remedies. II. The pursuits of those remedies in the several courts........ 2. Injuries between subject and subject, cognizable by the courts of common law, are in general remedied by patting the party injured into possession of that right whereof he is unjustly deprived...... 3. This is effected, I. By delivery of the thing detained to the rightful owner. II. Where that remedy is either impossible or inadequate, by giving the party injured a satisfaction in damages.. 115 115 116 4. The instruments by which these remedies may be obtained are suits or actions; which are defined to be the legal demand of one's right: and these are, I. Personal. II. Real. III. Mixed...116-118 5. Injuries (whereof some are with, others without, force) are, I. Injuries to the rights of persons. II. Injuries to the rights of property. And the former are, I. Injuries to the absolute, II. Injuries to the relative, rights of persons.......118-119 6. The absolute rights of individuals are, I. Personal security. II. Personal liberty. III. Private property. (See Book I. Ch. I.) To which the injuries must be correspondent.. 18 7. Injuries to personal security are, I. Against a man's life. II. Against his limbs. III. Against his body. IV. Against his health. V. Against his reputation. The first must be referred to the next book..... |