By William Blackstone, Thomas P. Gallanis
Oxford's variorum version of William Blackstone's seminal treatise at the universal legislation of britain and Wales bargains the definitive account of the Commentaries' improvement in a contemporary layout. For the 1st time it truly is attainable to track the evolution of English legislation and Blackstone's idea throughout the 8 variants of Blackstone's lifetime, and the authorial corrections of the posthumous 9th version. Introductions via the final editor and the quantity editors set the Commentaries of their old context, analyzing Blackstone's designated view of the typical legislation, and editorial notes during the 4 volumes support the fashionable reader in knowing this key textual content within the Anglo-American universal legislation culture.
Entitled Of deepest Wrongs, Book III can be divided into 3 central components. the 1st describes the a number of courts in England and their jurisdictions, together with the wrongs cognizable in every one of them. the second one describes a few facets of the major universal legislations: wrongs to folks and to non-public and genuine estate. The 3rd describes the techniques of litigation within the courts of universal legislation and equity.
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Additional info for The Oxford Edition of Blackstone’s: Commentaries on the Laws of England: Book III: Of Private Wrongs
The first reference is to Cicero’s Philippicae, a series of fourteen speeches condemning Mark Antony in 44–43 bc] Cic. 11 Philipp. 12. Bract. 3. c Book I. ch. 1 [I. 83]. 2 2 of private wrongs 3 4 The more effectually to accomplish the redress of private injuries, courts of justice are instituted in every civilized society, in order to protect the weak from the insults of the stronger, by expounding and enforcing those laws, by which rights are defined, and wrongs prohibited. This remedy is therefore principally to be sought by applica tion to these courts of justice; that is, by civil suit or action.
That some of them are courts of record, others not of record. A court of record is that where the acts and judicial proceedings are enrolled in parchment for a perpetual memorial and testimony: which rolls are called the records of the court, and are of such high and supereminent authority, that their truth is not to be called in question. For it is a settled rule and maxim that nothing shall be averred against a record, nor shall any plea, or even proof, be admitted to the contrarye. And if the existence of a record be denied, it shall be tried by nothing but itself; that is, upon bare inspection whether there be any such record or no; else there would be no end of disputes.
M Co. Litt. 47. n [Bagshawe v Goward] Cro. Jac. 148. j k chapter 1 9 hereafter. At present I shall only observe, that, as a distress is at common law only in nature of a security for the rent or damages done, a replevin answers the same end to the distreinor as the distress itself; since the party replevying gives security to return the distress, if the right be determined against him. This kind of distress, though it puts the owner to inconvenience, and is therefore a punishment to him, yet, if he continues obstinate and will make no satisfaction or payment, it is no remedy at all to the distreinor.