BLACKSTONE'S COMMENTARIES:



WITH





NOTES OF REFERENCE,



TO





THE CONSTITUTION AND LAWS,



OF





FEDERAL GOVERNMENT OF THE UNITED STATES;



AND OF THE





COMMONWEALTH OF VIRGINIA.





IN FIVE VOLUMES.







WITH AN APPENDIX TO EACH VOLUME,



CONTAINING



SHORT TRACTS UPON SUCH SUBJECTS AS APPEARED NECESSARY



TO FORM A CONNECTED



VIEW OF THE LAWS OF VIRGINIA,

AS A MENBER OF THE FEDERAL UNION.











BY ST. GEORGE TUCKER,

PROFESSOR OF LAW, IN THE UNIVERSITY OF WILLIAM AND MARY, AND



ONE OF THE JUDGES OF THE GENERAL COURT IN VIRGINIA.











PHILADELPHIA:

PUBLISHED BY WILLIAM YOUNG BIRCH, AND ABRAHAM SMALL,



NO. 17, SOUTH SECOND-STREET.



ROBERT CARR, PRINTER.





1803.





CONTENTS,



OF BOOK FIRST. PART FIRST.







INTRODUCTION.



OF THE STUDY, NATURE, AND EXTENT OF THE LAWS

OF ENGLAND.









SECTION I.

Of the Study of the Law

SECTION	II.

Of the Nature of Laws in General

SECTION	III.

Of the Laws of England

SECTION	IV.

Of the Countries Subject to the Laws of England







THE EDITOR'S APPENDIX.



NOTE A.

Of Sovereignty and Legislature



NOTE B.



Of the several Forms of Government



NOTE C.



Of the Constitution of Virginia



NOTE D.



Of the Constitution of the United States



NOTE E.



Of the Unwritten, or Common Law, of England; and it's introduction into,

and authority within, the United American States



NOTE F.



Of the LEX SCRIPTA; or Written Law, of Virginia









OF BOOK FIRST. PART SECOND.





OF THE RIGHTS OF PERSONS.







CHAP. I.

Of the Absolute Rights of Individuals

CHAP. II.

Of the Parliament

CHAP. III.

Of the King, and his Title

CHAP. IV.

Of the King's Royal Family

CHAP. V.

Of the Councils belonging to the King

CHAP VI.

Of the King's Duties

CHAP. VII.

Of the King's Prerogative

CHAP. VIII.

Of the King's Revenue

CHAP. IX.

Of Subordinate Magistrates

CHAP. X.

Of the People, whether Aliens, Denizens, or Natives

CHAP. XI.

Of the Clergy

CHAP. XII.

Of the Civil State

CHAP. XIII.

Of the Military and Maritime States

CHAP. XIV.

Of Master and Servant

CHAP. XV.

Of Husband and Wife

CHAP. XVI.

Of Parent and Child

CHAP. XVII.

Of Guardian and Ward

CHAP. XVIII.

Of Corporations







THR EDITOR'S APPENDIX.







NOTE G.



Of the Right of Conscience; and of the Freedom of Speech, and of the

Press



NOTE H.



Of the State of Slavery, in Virginia



NOTE I.



Abstract of the Bill for the more General Diffusion of Knowledge in

Virginia



NOTE K.



Of the Right of Expatriation



NOTE L.



Of the Rights of Aliens



NOTE M.



Summary View of the Laws relative to the Glebes, and Churches in

Virginia







OF BOOK SECOND. PART SECOND.





OP THF RIGHT8 OF THINGS



CHAP. I



Of Property, in general



CHAP. II.



Of Real Property , and first, of Corporeal Hereditaments



CHAP. III.



Of Incorporeal Hereditaments



CHAP IV.



Of the Feodal System



CHAP. V.



Of the antient English Tenures



CHAP. VI.



Of the modern English Tenures



CHAP. VII.



Of Freehold Estates, of inheritance



CHAP. VIII.



Of Freeholds, not of Inheritance



CHAP. IX.



Of Estates less than Freehold



CHAP. X.



Of Estates upon Condition



CHAP. XI.



Of Estates in Possession, Remainder, and Reversion



CHAP. XII.



Of Estates in Severalty, Joint-Tenancy, Coparcenary, and Common

                                     

CHAP. XIII.



Of the Title to Things Real, in general



CHAP. XIV.



Of Title by Descent



CHAP. XV.



Of Title by Purchase; and, first, by Escheat



CHAP. XVI.



Of Title by Occupancy



CHAP. XVII



Of Title by Prescription



CHAP. XVIII.



Of Title by Forfeiture



CHAP. XIX.



Of Title by Alienation



CHAP. XX.



Of Alienation by Deed



CHAP. XXI.



Of Alienation by matter of Record



CHAP. XXII.



Of Alienation by Special Custom



CHAP. XXIII.



Of Alienation by Devise



CHAP. XXIV.



Of Things Personal



CHAP. XXV.



Of Property in Things Personal



CHAP. XXVI.



Of Title to Things Personal, by Occupancy



CHAP. XXVII.



Of Title by Prerogative, and Forfeiture



CHAP. XXVIII.



Of Title by Custom



CHAP. XXIX.



Of Title by Succession, Marriage, and Judgment



CHAP. XXX.



Of Title by Gift, Grant, and Contract



CHAP. XXXI.



Of Title by Bankruptcy



CHAP. XXXII.



Of Title by Testament, and Administration







APPENDIX





No. I. Vetus Carta Feoffamenti                      



No. II. A modern Conveyance by Lease and Release.



1. Lease, or Bargain and Sale, for a Year       

2. Deed of Release



NO. III. An Obligation, or Bond, with Condition for the Payment of Money



No IV. A Fine of Lands, sur Cognizance de Droit, come ceo,&c.



1. Writ of Covenant, or Praecipe

2. The Licence to agree

3. The Concord

4. The Note, or Abstract

5. The Foot, Chirograph, or Indentures of the Fine

6. Proclamations, endorsed upon the Fine, according to the Statutes





No. V. A common Recovery of Lands, with Doubje Voucher.



1. Writ of Entry sur Disseisin in the Post; or Praecipe

2. Exemplification of the Recovery-Roll









THE EDITOR'S APPENDIX.









NOTE A.



Concerning the Tenure of Lands in Virginia, and the mode of oF acquiring

them under the former and present Government



NOTE B.



Discourse concerning the Several Acts directing the Course of Descents,

in Virginia



NOTE C.



Of the Right of Aliens to Purchase and hold Lands; with a View of

the Laws concerning Escheats and Forfeitures from British Subjects,

passed in Virginia, during the Revolutionary War



NOTE D



The Manner of obtaining Grants of Land, under the Commonwealth of

Virginia, and from the United States



NOTE E



Of Slaves, considered as Property, in Virginia



NOTE F



Concerning Usury





OF BOOK THIRD.











OF PRIVATE WRONGS.







CHAP. I.



Of the Redress of Private wrongs by the mere Act of the Parties



CHAP. II.



Of Redress by the mere Operation of Law



CHAP. III.



Of Courts in general



CHAP. IV



Of the Public Courts of Common Law and Equity



CHAP. V.



Of Courts Ecclesiastical, Military, and Maritime



CHAP. VI.



Of Courts of a Special Jurisdiction



CHAP. VII.



Of the Cognizance of Private Wrongs



CHAP. VIII.



Of Wrongs, and their Remedies, respecting the Rights of Persons



CHAP. IX.



Of Injuries to Personal Property



CHAP. X.



Of Injuries to Real Property, and, first, of Dispossession, or Ouster, of

the Freehold



CHAP. XI.



Of Dispossession, or Ouster, of Chattels Real



CHAP. XII.



Of Trespass



CHAP. XIII.



Of Nusance



CHAP. XIV.



Of Waste



CHAP. XV.



Of Subtraction



CHAP. XVI.



Of Disturbance



CHAP. XVII.



Of Injuries proceeding from, or affecting, the Crown



CHAP. XVIII.



Of the Pursuit of Remedies by Action, and, first, of the Original Writ



CHAP. XIX.



Of Process



CHAP. XX.



Of Pleading



CHAP. XXI.



Of Issue and Demurrer



CHAP. XXII.



Of the several Species of Trial



CHAP. XXIII.



Of the Trial by Jury



CHAP. XXIV.



Of Judgment, and it's Incidents



CHAP. XXV



Of Proceedings in the Nature of Appeals



CHAP. XXVI.



Of Execution



CHAP. XXVII.



Of Proceedings in the Courts of Equity



APPENDIX.







No. I. Proceedings on a Writ of Right Patent



1. Writ of Right Patent in the Court Baron

2. Writ of Tolt, to remove it into the County Court

3. Writ of Pone, to remove it into the Court of Common Pleas

4. Writ of Right, quia Dominus remisit Curiam

5. The Record, with award of Battel

6. Trial by the grand Assise



No. II. Proceedings on an Action of Trespass in Ejectment, by Original,

in the King's Bench



1. The Original Writ

2. Copy of the Declaration against the Casual Ejector, who gives Notice

thereupon to the Tenant in Possession

3. The Rule of Court

4. The Record



No. III. Proceedings on an Action of Debt, in the Court of Common Pleas,

removed into the King's Bench by Writ of Error



1. Original

2. Process

3. Bill of Middlesex, and Latitat thereupon, in the Court of King's Bench

4. Writ of Quo minus in the Exchequer

5. Special Bail; or the Arrest of the Defendant, pursuant to the

Testatum Capias

6. The Record, as removed by Writ of Error

7. Process of Execution



THE EDITOR'S APPENDIX.







NOTE A.



Summary View of the Judicial Courts of the Commonwealth, and of the

United States, in Virginia



NOTE B.



Of the Proceedings upon Petitions for Lapsed Lands, under the former

Government; and upon Caveats



NOTE C.



Of the Commencement and Process, in Civil Suits at Common Law, in the

Judicial Courts of Virginia



NOTE D



Of Appearance and Pleading



NOTE E.



Of Proceedings upon Motions for Judgments in a Summary Way, incertain

Civil Cases



NOTE F.



Of the Trial by jury, in Virginia







OF BOOK FOURTH.











OF PUBLIC WRONGS.







CHAP. I.



Of the Nature of Crimes; and their Punishment



CHAP. II.



Of the Persons Capable of Committing Crimes



CHAP. III.



Of Principals and Accessories



CHAP. IV.



Of Offenses against God and Religion



CHAP. V.



Of Offenses against the Law of Nations



CHAP. VI.



Of High Treason



CHAP. VII.



Of Felonies Injurious to the King's Prerogative



CHAP. VIII.



Of Praemunire



CHAP. IX.



Of Misprisions and Contempts, affecting the King and Government



CHAP. X.



Of Offenses against Public Justice



CHAP. XI.



Of Offenses against the Public Peace



CHAP. XII.



Of Offenses against Public Trade



CHAP. XIII.



Of Offenses against the Public Health, and the Public Police

of Oeconomy



CHAP. XIV.



Of Homicide



CHAP. XV.



Of Offenses against the Persons of Individuals



CHAP. XVI.



Of Offenses against the Habitations of Individuals



CHAP. XVII.



Of Offenses against Private Property





CHAP. XVIII.



Of the means of Preventing Offenses



CHAP. XIX.



Of Courts of a Criminal Jurisdiction



CHAP. XX.



Of Summary Convictions



CHAP. XXI.



Of Arrests



CHAP. XXII.



Of Committment and Bail



CHAP. XXIII.



Of the Several Modes of Prosecution



CHAP. XXV.



Of Arraignment, and it's Incidents



CHAP. XXVI.



Of Plea, and Issue



CHAP. XXVII.



Of Trial, and Conviction



CHAP. XXVIII.



Of the Benefit of Clergy



CHAP. XXIX.



Of Judgment, and its Consequences



CHAP. XXX.



Of Reversal of judgement



CHAP. XXXI.



Of Reprieve, and Pardon



CHAP. XXXII.



Of Execution



CHAP. XXXIII.



Of the Rise, Progress, and gradual Improvements, of the Laws

of England





APPENDIX.



1. Record of an Indictment and Conviction of Murder, at the

Assises.



2. Conviction of Manslaughter.



3. Entry of a Trial instanter in the Court of King's Bench, upon a

collateral issue; and Rule of Court for Execution thereon.



4. Warrant of Execution on judgment of Death, at the general

Gaol-delivery in London and Middlesex.



5. Writ of Execution upon a judgment of Murder, before the King in

Parliament.







INDEX.