Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
THERE are also counties _corporate_; which are certain cities and
towns, some with more, some with less territory annexed to them; to
which out of special grace and favour the kings of England have
granted to be counties of themselves, and not to be comprized in any
other county; but to be governed by their own sheriffs and other
magistrates, so that no officers of the county at large have any power
to intermeddle therein. Such are London, York, Bristol, Norwich,
Coventry, and many others. And thus much of the countries subject to
the laws of England.
COMMENTARIES
ON THE
LAWS OF ENGLAND.
BOOK THE FIRST.
OF THE RIGHTS OF PERSONS.
CHAPTER THE FIRST.
OF THE ABSOLUTE RIGHTS OF INDIVIDUALS.
THE objects of the laws of England are so very numerous and extensive,
that, in order to consider them with any tolerable ease and
perspicuity, it will be necessary to distribute them methodically,
under proper and distinct heads; avoiding as much as possible
divisions too large and comprehensive on the one hand, and too
trifling and minute on the other; both of which are equally productive
of confusion.
NOW, as municipal law is a rule of civil conduct, commanding what is
right, and prohibiting what is wrong; or, as Cicero[a], and after him
our Bracton[b], has expressed it, _sanctio justa, jubens honesta et
prohibens contraria_; it follows, that the primary and principal
objects of the law are RIGHTS, and WRONGS. In the prosecution
therefore of these commentaries, I shall follow this very simple and
obvious division; and shall in the first place consider the _rights_
that are commanded, and secondly the _wrongs_ that are forbidden by
the laws of England.
[Footnote a: 11 _Philipp._ 12.]
[Footnote b: _l._ 1. _c._ 3.]
RIGHTS are however liable to another subdivision; being either, first,
those which concern, and are annexed to the persons of men, and are
then called _jura personarum_ or the _rights of persons_; or they are,
secondly, such as a man may acquire over external objects, or things
unconnected with his person, which are stiled _jura rerum_ or the
_rights of things_. Wrongs also are divisible into, first, _private
wrongs_, which, being an infringement merely of particular rights,
concern individuals only, and are called civil injuries; and secondly,
_public wrongs_, which, being a breach of general and public rights,
affect the whole community, and are called crimes and misdemesnors.
THE objects of the laws of England falling into this fourfold
division, the present commentaries will therefore consist of the four
following parts: 1. _The rights of persons_; with the means whereby
such rights may be either acquired or lost. 2. _The rights of things_;
with the means also of acquiring and losing them. 3. _Private wrongs_,
or civil injuries; with the means of redressing them by law. 4.
_Public wrongs_, or crimes and misdemesnors; with the means of
prevention and punishment.
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