# 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

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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.

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