Blackstone's Commentaries on the Laws of England
Sir William Blackstone published his Commentaries at Oxford in four books between 1765 and 1769. They became the law book of the American founding. Generations of American lawyers learned the law from them, from John Marshall to Abraham Lincoln, and in Donald Lutz's study of founding-era political writing only the Bible and Montesquieu were cited more often. Read them here, chapter by chapter, or download them free.
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About this edition
The text comes from the Avalon Project at Yale Law School, which keyed the Oxford first edition by hand. For this edition the page headers, catchwords and page marks were removed and paragraphs rejoined across pages. The old long s (ſ), which the keyers typed as f ("perfons", "neceffary"), is printed as a modern s. Blackstone's own spelling (antient, shew, publick) is left alone. His footnotes appear at the end of each chapter, and page ranges refer to the first edition.
The section headings inside each chapter are added by the editor so the long chapters can be scanned and searched. They follow Blackstone's own divisions and are not part of his text. The same goes for the shaded boxes marked "Added by the editor": they hold founders' words and other context on each subject, such as where it landed in the Constitution or the Bill of Rights, and each chapter ends with links to the original text at its source and the page scans. The downloads (EPUB and Word) hold Blackstone's text only. Where a few passages in the Avalon keying were garbled (tables of descent, the forms in the appendices, some Greek in the notes), they are reproduced as keyed; check the facsimiles for those.
Contents
Introduction
Book I: The Rights of Persons
- Chapter 1. Of the Absolute Rights of Individuals
- Chapter 2. Of the Parliament
- Chapter 3. Of the King and his Title
- Chapter 4. Of the King's Royal Family
- Chapter 5. Of the Councils Belonging to the King
- Chapter 6. Of the King's Duties
- Chapter 7. Of the King's Prerogative
- Chapter 8. Of the King's Revenue
- Chapter 9. Of Subordinate Magistrates
- Chapter 10. Of People, Whether Aliens, Denizens or Natives
- Chapter 11. Of the Clergy
- Chapter 12. Of the Civil State
- Chapter 13. Of the Military and Maritime States
- Chapter 14. Of Master and Servant
- Chapter 15. Of Husband and Wife
- Chapter 16. Of Parent and Child
- Chapter 17. Of Guardian and Ward
- Chapter 18. Of Corporations
Book II: The Rights of Things
- Chapter 1. Of Property in General
- Chapter 2. Of Real Property and, First, of Corporeal Hereditaments
- Chapter 3. Incorporeal Hereditaments
- Chapter 4. Of the Feodal System
- Chapter 5. Of the Antient English Tenures
- Chapter 6. Of the Modern English Tenures
- Chapter 7. Of Freehold Estates, of Inheritance
- Chapter 8. Of Freeholds, not of Inheritance
- Chapter 9. Of Estates Less Than Freehold
- Chapter 10. Of Estates Upon Condition
- Chapter 11. Of Estates in Possession, Remainder, and Reversion
- Chapter 12. Of Estates in Severalty, Joint-Tenancy, Coparcenary, and Common
- Chapter 13. Of the Title to Things Real, in General
- Chapter 14. Of Title by Descent
- Chapter 15. Of Title by Purchase, and First by Escheat
- Chapter 16. Of Title by Occupancy
- Chapter 17. Of Title by Prescription
- Chapter 18. Of Title by Forfeiture
- Chapter 19. Of Title by Alienation
- Chapter 20. Of Alienation by Deed
- Chapter 21. Of Alienation by Matter of Record
- Chapter 22. Of Alienation by Special Custom
- Chapter 23. Of Alienation by Devise
- Chapter 24. Of Things Personal
- Chapter 25. Of Property in Things Personal
- Chapter 26. Of Title to Things Personal by Occupancy
- Chapter 27. Of Title by Prerogative, and Forfeiture
- Chapter 28. Of Title by Custom
- Chapter 29. Of Title by Succession, Marriage, and Judgment
- Chapter 30. Of Title by Gift, Grant, and Contract
- Chapter 31. Of Title by Bankruptcy
- Chapter 32. Of Title by Testament, and Administration
- Appendix. Appendix
Book III: Of Private Wrongs
- Chapter 1. Of the Redress of Private Wrongs by the Mere Act of Parties
- Chapter 2. Of Redress by the Mere Operation of Law
- Chapter 3. Of Courts in General
- Chapter 4. Of the Public Courts of Common Law and Equity
- Chapter 5. Of Courts Ecclesiastical, Military and Maritime
- Chapter 6. Of Courts of a Special Jurisdiction
- Chapter 7. Of the Cognizance of Private Wrongs
- Chapter 8. Of Wrongs and Their Remedies, Respecting the Rights of Persons
- Chapter 9. Of Injuries to Personal Property
- Chapter 10. Of Injuries to Real Property, And First of Dispossession, Or Ouster of the Freehold
- Chapter 11. Of Dispossession, Or Ouster, Of Chattels Real
- Chapter 12. Of Trespass
- Chapter 13. Of Nusance
- Chapter 14. Of Waste
- Chapter 15. Of Subtraction
- Chapter 16. Of Disturbance
- Chapter 17. Of Injuries Proceeding From, or Affecting, the Crown
- Chapter 18. Of the Pursuit of Remedies by Action; And, First, Of the Original Writ
- Chapter 19. Of Process
- Chapter 20. Of Pleading
- Chapter 21. Of Issue and Demurrer
- Chapter 22. Of the Several Species of Trial
- Chapter 23. Of the Trial by Jury
- Chapter 24. Of Judgments, And it's Incidents
- Chapter 25. Of Proceedings, In the Nature of Appeals
- Chapter 26. Of Execution
- Chapter 27. Of Proceedings in the Courts of Equity
- Appendix 1. Appendix I
- Appendix 2. Appendix II
- Appendix 3. Appendix III
Book IV: Of Public Wrongs
- Chapter 1. Of the Nature of Crimes, And Their Punishment
- Chapter 2. Of the Persons Capable of Committing Crimes
- Chapter 3. Of Principals and Accessories
- Chapter 4. Of Offences Against God and Religion
- Chapter 5. Of Offences Against the Law of Nations
- Chapter 6. Of High Treason
- Chapter 7. Of Felonies, Injurious to the King's Prerogative
- Chapter 8. Of Praemunire
- Chapter 9. Of Misprisions and Contempts, Affecting the King and Government
- Chapter 10. Of Offences Against Public Justice
- Chapter 11. Of Offences Against the Public Peace
- Chapter 12. Of Offences Against Public Trade
- Chapter 13. Of Offences Against the Public Health, and the Public Police or Economy
- Chapter 14. Of Homicide
- Chapter 15. Of Offences Against the Persons of Individuals
- Chapter 16. Of Offences Against the Habitations of Individuals
- Chapter 17. Of Offences Against Private Property
- Chapter 18. Of the Means of Preventing Offences
- Chapter 19. Of the Courts of Criminal Jurisdiction
- Chapter 20. Of Summary Convictions
- Chapter 21. Of Arrests
- Chapter 22. Of Commitment and Bail
- Chapter 23. Of the Several Modes of Prosecution
- Chapter 24. Of Process Upon an Indictment
- Chapter 25. Of Arraignment, And Its Incidents
- Chapter 26. Of Plea, And Issue
- Chapter 27. Of Trial, And Conviction
- Chapter 28. Of the Benefit of Clergy
- Chapter 29. Of Judgment, And its Consequences
- Chapter 30. Of Reversal of Judgment
- Chapter 31. Of Reprieve, And Pardon
- Chapter 32. Of Execution
- Chapter 33. Of the Rise, Progress, And Gradual Improvements, of the Laws of England
- Appendix. Appendix
- Supplement. Supplement
- Index. Index