Commentaries on the Laws of England: In Four Books, Volume 1

William Blackstone

Callaghan, 1872 - Law

Preview this book »

Selected pages

Page 466

Title Page

Table of Contents

OF THE ANCIENT ENGLISH TENURES continued	12

INTRODUCTION	12

OF THE CLERGY continued	12

the inns of court and of chancery	12

Mr Viners endowment	20

THE NATURE OF LAWS IN GENERAL continued	21

laws regarding natural duties and offences mala in se binding on the conscience 57	33

the American legislatures not sovereign but exercising a trust	34

Of Property in General	329

other things as waste lands wrecks estrays and game the law to prevent dis	337

Of Incorporeal Hereditaments	340

common is a profit which a man hath in the land of another	346

franchises are royal privileges or branches of the kings prerogative subsist	353

constables are officers of hundreds and townships	355

Of the Feudal System	357

their duties to assist the poor and find employment for those who can work	361

their enjoyment must have been peaceable and acquiesced	41

77	46

customs must be consistent with each other	49

CHAPTER	52

OF THE COUNTRIES SUBJECT TO THE LAWS OF ENGLAND	58

OF THE PARLIAMENT continued	60

CHAPTER	77

suspensions of this writ	86

Isle of Man is distinct from England and governed by its own laws	87

93113	93

CHAPTER II	94

Guernsey Jersey Sark and Alderney have their own laws	107

OF FREEHOLD ESTATES OF INHERITANCE continued PAGE	110

CHAPTER VIII	120

OF THE KING AND HIS TITLE	125

CHAPTER IX	139

Of the Kings Royal Family	140

OF THE COUNCILS Belonging to the King	146

the relations of persons are public and private	147

Of the Kings duties	150

233235	171

OF ESTATES IN POSSESSION REMAINDER AND REVERSION continued PAGE	172

OF CORPORATIONS continued	174

OF THE KINGS PREROGATIVE continued PAGE	175

CHAPTER XII	178

Of the Kings Revenue	179

both are subject to a return or service	191

the commons	194

OF THE TITLE TO THINGS REAL IN GENERAL 195199	195

the malt tax 314	197

OF SUBORDINATE MAGISTRATES	212

justices of the peace	221

237278	237

CHAPTER XV	238

and to aids for knighting the lords son and marrying his daughter	241

the curate a temporary officiating minister	250

Of the Civil State	251

are tried by their peers	256

404	257

OF TITLE BY OCCUPANCY 258262	258

foreign possessions of the crown	264

OF TITLE BY PRESCRIPTION continued PAGE	265

CHAPTER XIV	269

he is the arbiter of domestic commerce	270

to an alien which is cause of forfeiture to the crown of the land	274

menial servants or domestics	275

divisions of England are ecclesiastical and civil	277

Of the Military and Maritime States	280

OF TITLE BY ALIENATION 287294	287

OF TITLE BY ALIENATION continued PAGE	293

Of Parent and Child	298

Of Guardian and Ward	307

153159	310

Of Corporations	314

OF ALIENATION BY DEED continued PAGE	326

Of the Ancient English Tenures	367

aliens may be denizens by letters patent	374

Of the Modern English Tenures	378

frankalmoign is tenure by a reiigious corporation for a render of religious ser	390

Of Freehold Estates of Inheritance	393

Of Freeholds not of Inheritance	405

privileges of the two houses great and indefinite	412

OF ESTATES LESS THAN FREEHOLD continued	420

former disabilities of the Jews now removed	425

apprentices who are bound by indentures to learn an occupation	426

the capacities and incapacities of corporations	428

estate at sufferance is where one lawfully comes into possession of lands	430

Of Estates in Possession Remainder and Reversion	431

stewards bailiffs and factors who act rather in a ministerial capacity	432

if the mortgagor fails to perform by the day he has nevertheless an equity	437

CHAPTER XI	440

peculiar laws and customs of the lords	442

the remainder must pass out of the grantor at the creation of the par	443

Of the Title to things Real in general	461

OF TITLE BY DESCENT 200240	464

the male issue shall be admitted before the female 212	489

Of Title by Occupancy	499

OF TITLE BY TESTAMENT AND ADMINISTRATION continued PAGE	502

Of Title by Prescription	503

Of Title by Forfeiture	506

OF THE CLERGY	507

to purchase and hold lands	508

Of Title by Alienation	519

Of Alienation by Deed	527

XXI	560

Of Alienation by Special Custom	572

Of Alienation by Devise	576

certain rules of construction apply to all conveyances	583

Of Things Personal	586

Of Property in Things Personal	588

a qualified property also exists in air light and water while in actual use	593

Of Title to Things Personal by Occupancy	596

Of Title by Prerogative and Forfeiture	602

Of Title by Custom	609

Of Title by Succession Marriage and Judgment	614

Of Title by Gift Grant and Contract	621

these embrace the Roman or civil law	635

OF TITLE BY GIFT GRANT AND CONTRACT continued PAGE	636

Of Title by Bankruptcy	646

to make bylaws	649

Of Title by Testament and Administration APPENDIX	658

Vetus Carta Feoffamenti II	664

PAGE	667

384	674

422	677

ary legatee if any 514	678

440	679

A Modern Conveyance by Lease and Release	683

An Obligation or Bond with Condition for the Payment of Money 527	689

A Common Recovery of Lands with double Voucher 529	691

Common terms and phrases

act of parliament afterwards alien ancestors ancient appointed attainder authority bishop blood called Chancery church common law consent constitution contract conveyance copyhold corporation court courts of equity crown custom death declared deed descended dower duty eldest election Eliz emblements enacted entitled equity escheat execution father feud feudal freehold gavelkind grant guardian hath heirs held Henry Henry VIII house of lords husband Ibid inheritance Inst Ireland issue John Stiles joint-tenants judges justice king king's kingdom knight-service lands laws of England lease liable liberty Litt lord manor marriage nature necessary particular party peers person possession prerogative prince principle privileges purchase queen reason reign remainder rent Reports royal rule Salk seisin serjeanty servant sheriff Sir Edward Coke socage Stat statute tenant tenements tenure tion tithes unless vested VIII villein villenage void wife writ

Popular passages

Page 333 - The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever, then, he removes out of the state that nature hath provided and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property.

Appears in 811 books from 1764-2008

Page 290 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...

Appears in 949 books from 1771-2008

Page 151 - Will you. to the utmost of your power maintain the laws of God, the true profession of the gospel, and the Protestant reformed religion established by the law? And will you preserve unto the bishops and clergy of this realm, and to the churches committed to their charge, all such rights and privileges as by law do or shall appertain unto them, or any of them? King or queen. All this I promise to do.

Appears in 542 books from 1742-2008

Page 329 - There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.

Appears in 425 books from 1812-2008

Page 138 - ... to be to the heirs of the body of the said Princess; and for default of such issue to the Princess Anne of Denmark, and the heirs of her body ; and for default of such issue to the heirs of the body of the said Prince of Orange.

Appears in 252 books from 1791-2008

Page 30 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.

Appears in 475 books from 1791-2008

Page 264 - That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law.

Appears in 650 books from 1703-2008

Page 103 - ... there can be but one supreme power, which is the legislative, to which all the rest are and must be subordinate; yet the legislative being only a fiduciary power to act for certain ends, there remains still 'in the people a supreme power to remove or alter the legislative', when they find the legislative act contrary to the trust reposed in them...

Appears in 328 books from 1795-2007

Page 238 - ... that he will support the Constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.

Appears in 494 books from 1796-2008

Bibliographic information

Title	Commentaries on the Laws of England: In Four Books, Volume 1 Commentaries on the Laws of England: In Four Books, William Blackstone
Author	William Blackstone
Editor	Thomas McIntyre Cooley
Illustrated by	Thomas McIntyre Cooley
Edition	2
Publisher	Callaghan, 1872

Export Citation	BiBTeX EndNote RefMan

About Google Books - Privacy Policy - Terms of Service - Information for Publishers - Report an issue - Help - Google Home