Supplement

Section headings, the boxes marked "Added by the editor" and the reading list at the end are not part of Blackstone's text. Everything else is Blackstone's, from the Oxford first edition, with the long s printed as a modern s.

FIRST EDITION;

CONTAINING

The most material Corrections and Additions in the SECOND.

Page 46. Lin. 10

After action insert; (indifferent in itself)

Page 83. Lin. 2.

For Adrian read Clement

Page 97. Lin. 29.

After union insert this note.

?It may justly be doubted, whether even such an infringement (though a manifest breach of good faith, unless done upon the most pressing necessity) would consequentially dissolves the union: for the bare idea of a state, without a power somewhere vested to alter every part of it's laws, is the height of political absurdity. The truth seems to be, that in such an incorporate union (which is well distinguished by a very learned prelate from a foederate alliance, where such an infringement would certainly rescind the compact) the two contracting states are totally annihilated, without any power of revival; and a third arises from their conjunction, in which all the rights of sovereignty, and particularly that of legislation, must of necessity reside. (See Warburton's alliance. 195.) But the imprudent exertion of this right would probably raise a very alarming ferment in the minds of individuals; and therefore it is hinted above that such an attempt might endanger (though not certainly destroy) the union.

Page 98. Lin. 16.

Instead of this Paragraph, insert the following.

The town of Berwick upon Tweed was originally part of the kingdom of Scotland; and, as such, was for a time reduced by king Edward I into the possession of the crown of England: and, during such it's subjection, it received from that prince a charter, which (after it's subsequent cession by Edward Balliol, to be for ever united to the crown and realm of England) was confirmed by king Edward III, with some additions; particularly that it should be governed by the laws and usages which it enjoyed during the time of king Alexander, that is, before it's reduction by Edward I. It's constitution was new-modelled, and put upon an English footing by a charter of king James I: and all it's liberties, franchises, and customs, were confirmed in parliament by the statutes 22 Edw. IV. c. 8. and 2 Jac. I. c. 28. Though therefore it hath some local peculiarities, derived from the antient laws of Scotland, [Hale Hist. C. L. 183. 1 Sid. 382. 462. 2 Show. 365.] yet it is clearly part of the realm of England, being represented by burgesses in the house of commons, and bound by all acts of the British parliament, whether specially named or otherwise. And therefore it was (perhaps superfluously) declared by statute 20 Geo. II. c. 42. that, where England only is mentioned in any act of parliament, the same notwithstanding hath and shall be deemed to comprehend the dominion of Wales and town of Berwick upon Tweed. And, though certain of the king's writs or processes of the courts of Westminster do not usually run into Berwick, any more that the principality of Wales, yet it hath been solemnly adjudged, [Cro. Jac 543. 2 Roll. Abr. 292. Stat. 11 Geo. I. c. 4. 4 Burr. 834.] that all prerogative writs (as those of mandamus, prohibition, hegeas corpus, certiorari, &c.) may issue to Berwick as well as to every other of the dominions of the crown of England; and that indictments and other local matters arising in the town of Berwick may be tried by a jury of the county of Northumberland.

Page 100. Lin. 11.

? Leave out from yearbook to the end of the paragraph: and insert; "a tax granted by the parliament of England shall not bind those of Ireland, because they are not summoned to our parlia- ment;" and again, "Ireland hath a par- liament of it's own, and maketh and al- tereth laws; and our statutes do not bind them because they do not send knights to our parliament: but their persons are the king's subjects, like as the inhabitants of Calais, Gascoigny, and Guienne, while they continued under the king's subjec- tion." The general run of laws, enacted by the superior state, are supposed to be calculated for it's own internal government, and do not extend to it's distant dependent countries; which, bearing no part in the legislature, are not therefore in it's ordinary and daily contemplation. But, when the sovereign legislative power fees it necessary to extend it's care to any of it's subordinate dominions, and mentions them expresaly by name or includes them under general words, there can be no doubt but them they are bound by it's laws [Yearbook 1 Hen. VII. 3. 7 Rep. 22. Calvin's case.] the original method of passing statutes in Ireland was nearly the same as in England, the chief governor holding parliaments at his pleasure, which enacted such laws as they thought proper. [Irish Stat. 11 Eliz. st. 3. c. 8.] But an ill use being made of this liberty, particularly by lord Gorrmanstown, deputy-lieutenant in the reign of Edward IV, [Ibid. 10 Hen. VII. c. 23.] a set of statutes were there enacted in the 10 Hen. VII. (sir Edward Poynings being then lord deputy, whence they are called Poynings' laws) one of which, [cap. 4. expounded by 3 & 4 Ph. & M. c. 4.] in order to restrain the power as well of the deputy as the Irish parliament, provides, 1. That, before any parliament be summoned or holden, the chief governor and council of Ireland shall certify to the king under the great seal of Ireland the considerations and causes thereof, and the articles of the acts proposed to be passed therein. 2. That after the king, in his council of England, shall have considered, approved, or altered the said acts or any of them, and certified them back under the great seal of England, and shall have given licence to summons and hold a parliament, then the same shall be summoned and held; and therein the said acts so certified, and no other, shall be proposed, received, or rejected. [4 Inst. 353.] But as this precluded any law from being proposed, but such as were preconceived before the parliament was in being, which occasioned many inconveniences and made frequent dissolutions necessary, it was provided by the statute of Philip and Mary before-cited, that any new propositions might be certified to England in the usual forms, even after the summons and during the session of parliament. By this means however there was nothing left to the parliament in Ireland, but a bare negative or power of rejecting, not of proposing or altering, any law. But the usage now is, that bills are often framed in either house, under the denomination of "heads for a bill or bills;" and in that shape they are offered to the consideration of the lord lieutenant and privy council: who, upon such parliamentary intimation, or otherwise upon the application of private persons, receive and transmit such heads, or reject them without any transmission to England. And, with regard to Poynings' law in particular, it cannot be repealed or suspended, unless the bill for that purpose, before it be certified to England, be approved by both the houses. [Irish Stat. 11. Eliz. st. 3. c. 38.]

Page 102. Lin. 6, 7.

For all other courts read the chancery

Page 105. Lin. I.

? leave out from are to them in line 3, and insert; then in being, which are the birthright of every subject, [2 p. Wms. 75.] are immediately there in force. But this must be understood with very many and very great restrictions. Such colonists carry with them only so much of the English law, as is applicable to their own situation and the condition of an infant colony; such, for instance, as the general rules of inheritance, and of protection from personal injuries. The artificial resmements and distinctions incident to the property of a great and commercial people, the laws of police and revenue, (such especially as are inforced by penalties) the mode of maintenance for the established clergy, the jurisdiction of spiritual courts, and a multitude of other provisions, are neither necessary nor convenient for them, and therefore are not in force. What shall be admitted and what rejected, at what times, and under what restrictions, must, in case of dispute, be decided in the first instance by their oun provincial judicature, subject to the revision and control of the king in council; the whole of their constitution being also liable to be new-modelled and and reformed, by the general super-intending power of the legislature in the mother country.

Ibid. Lin. 16.

? After particularly named insert;

With respect to their interior polity, out colonies are properly of three sorts. 1. Provincial establishments, the constitutions of which depend on the respective commissions issued by the crown to the governors, and the instructions which usually accompany those commissions; under the authority of which, provincial assemblies are constituted, with the power of making local ordinances, not repugnant to the laws of England. 2. Proprietary governments, granted out by the crown to individuals, in the nature of feudatory principalities, with all the inferior regalities, and subordinate powers of legislation, which formerly belonged to the owners of counties palatine: yet still with these express conditions, that the ends for which the grant was made be substantially pursued, and that nothing be attempted which may derogate from the sovereignty of the mother country. 3. Charter governments, in the nature of civil corporations, with the power of making by-laws for their own interior regulation, not contrary to the laws of England; and with such rights and authorities as are specially given them in their several charters of incorporation.

Ibid. lin. 30.

? After effect insert; and, because several of the colonies had claimed the sole and exclusive right of imposing taxes upon themselves, the statute 6 Geo. III. c. 12. expressly declares, that all his majesty's colonies and plantations in America have been, are, and of right ought to be, subordinate to and dependent upon the imperial crown and parliament of Great Britain; who have full power and authority to make laws and statutes of sufficient validity to bind the colonies and people of America, subjects of the crown of Great Britain, in all cases whatsoever.

Page 107. lin. 4.

After Wales insert; and Berwick,

Page 110. lin. 5.

? After Church. Insert; Yet Extraparochial wastes and marsh lands, when improved and drained, are by the statute 17 Geo. II. c. 37. to be assessed to all parochial rates in the Parish next adjoining.

Page 126. lin. 25, 26.

For are totally void in law read may be afterwards avoided,

Page 129. lin. 2.

? After life. Insert; But, even in the times of popery, the law of England took no cognizance of prossession in any foreign country, because the fact could not be tried in our courts; [Co. Litt. 132.] and therefore, since the reformation, the Disability is held to be abolished. [Salk. 162.]

Page 134. lin. 9.

? After service: insert; excepting sailors and soldiers, the nature of whose employment necessarily implies and excerption;

Page 143.

? After 307. (in note) insert; The first mention of it in our statute law is in the preamble to the statute of Westm. 1. 3. Edw. I. A. D. 1272.

Page 143. lin. 24.

? After France insert this note. These were assembled for the last time, A. D. 1561. See Whitelocke of Parl. c. 72.

Page 147. lin. 28.

? After scruples. Insert; And yet, out of abundant caution, it was thought necessary to confirm it's acts in the next parliament, by stat. 13 Car. II. c. 7. & c. 14.

Page 152. lin. 7.

? After estates insert; And, from this want of a separate Assembly and separate negative of the prelates, some writers have argued [Whitelocke on Par. c. 72. Warburt. Alliance. b. 2. c. 3.] very cogently, that the lords spiritual and temporal are now in reality only one estate: [Dyer. 60] which is unquestionably true in every effectual sense, though the antient distinction between them still nominally continues. Page 152.

? After c. 6. (in note) insert; The act of uniformity, 1 Eliz. c. 2. was passed with the dissent of all the bishops; (Gibs. Cod. 268.) and therefore the stile of lords spiritual is omitted throughout the whole.

? After 6, 7. (in note) insert; See Keilw. 184; where it is holden by the judges, 7 Hen. VIII, that the king may hold a parliament without any spiritual lords. This was also exemplified in fact in the two first parliaments of Charles II; wherein no bishops were summoned, till after the repeal of the stat. 16 Car. I. c. 27. by stat. 13 Car. II. st. 1. c. 2.

Page 160. lin. 34.

Leave out from But to required in pag. 161. lin. 3.

Page 161. lin. 22.

After any other insert;

? The only way by which courts of justice could antiently take cognizance of privilege of parliament was by writ of privilege, in the nature of a super sedeas, to deliver the party out of custody when arrested in a civil suit. [Dyer. 59. 4. Pryn. Brev. Parl. 757.] For when a letter was written by the speaker to the judges, to stay proceedings against a privileged person, they rejected it as contrary to their oath of office. [Latch. 48. Noy. 83.] But since the statute 12 W. III. c. 3. which enacts, that no privileged person shall be subject to arrest or imprisionment, it hath been held that such arrest is irregular ab initio, and that the party may be discharged upon motion. [Stra. 989.] It is to be observed, that there is no precedent of any such writ of privilege, but only in civil suits; and that the statute of 1 Jac. I. c. 13. and that of king William (which remedy some inconveniences arising from privilege of parliament) speak only of civil actions. And therefore the claim of privilege hath been usually guarded with an exception as to the case of indictable crimes; [Com. Journ. 17 Aug. 1641.] or, as it hath been frequently expressed, of treason, felony, and breach (or surety) of the peace. [4 Inst. 25. Com. Journ. 20. May. 1675.] Whereby it seems to have been understood that no privilege was allowable to the members, their families, or servants in any crime whatsoever; for all crimes are treated by the law as being contra pacem domini regis. And instances have not been wanting, wherein privileged persons have been convicted of misdemesnors, and committed, or prosecuted to outlawry, even in the middle of a session; [Mich. 16 Edw. IV. In Soacob. ---------- Lord Raym. 146.] which proceeding has afterwards received the sanction and approbation of parliament. [Com. Journ. 16 May. 1726.] To which may be added, that, a few years ago, the case of writing and publishing seditious libels was resolved by both houses [Com. Journ. 24 Nov. Lord's Journ. 29 Nov. 1763.] not to be intitled to privilege, and that the reasons, upon which that case proceeded, [Lords Protest. Ibid.] extended equally to every indistable offence. So that the chief, if not the only, privilege of parliament, in such cases, seems to be the right of receiving immediate information of the imprisonment or detention of any member, with the reason for which he is detained: a practice that is daily used upon the slightest military accusations, preparatory to a trial by a court martial; [Com, Jour. 20 Apr. 1762.] and which is recognized by the several temporary statutes for suspending the habeas corpus act, [particularly 17 Geo. II. c. 6.] whereby it is provided, that no member of either house shall be detained, till the matter of which he stands suspected, be first communicated to the house of which he is a member, and the consent of the said house obtained for his commitment or detaining. But yet the usage has uniformly been, ever since the revolution, that the communication has been subsequent to the arrest.

Page 164.

? After 17. (in note) insert; See the answer to this case by sir Heneage Finch, Com. Journ. 22 Apr. 1671.

Page 174. lin. 27.

? After seal, insert; or any other appointed by the king's commission: and, if none be so appointed, the house of lords (it is said) may elect.

Page 176. lin. 32.

? After to, insert; the title to it is then settled; which used to be a general one for all the acts passed in the session, till in the fifth year of Henry VIII distinct titles were introduced for each chapter. [Lord Bacon on uses. 8°. 326.] After this,

Page 177. lin. 18.

? After lords insert; But, when an act of grace or pardon is passed, it is first signed by his majesty, and then read once only in each of the houses, without any new ingrossing or amendment. [D'ewes journ. 20. 73. Com. journ. 17 June. 1747.] Page 177. lin. 20.

? After assent; insert; except in the case of a money bill, which after receiving the concurrence of the lords is sent back to the house of commons. [Com. journ. 24 Jul. 1660.]

Page 177. lin. 34.

? After upon it." Insert; When a money bill is passed, it is carried up and presented to the king by the speaker of the house of commons; [Rot. Parl. 9 Hen. IV. in Pryn. 4 Inst. 30, 31.] and the royal assent is thus expressed, "le roy remercie ses loyal subjects, accepte lour bene-volence, et aussi le vent, the king thanks his loyal subjects, accepts their benevolence, and wills it so to be." In case of an act of grace, which originally proceeds from the crown and has the royal assent in the first stage of it, the clerk of the parliament thus pronounces the gratitude of the subject; "les prelates, feigneurs, et com- mons, en ce present parliament assemblies, au nom de touts vous autres subjects, remercient tres humblement votre majeste, et prient a Diex vous donner en sante bont vie et longue; the prelates, lords, and commons, in this present parliament assembled, in the name of all your other subjects, most humbly thank your majesty, and pray to God to grant you in health an wealth long to live." [D'ewes journ. 35.]

Page 193. lin. 23.

? After royal, insert; excepting his elder brother Theobald, who (as ealr of Blois) was already provided for.

Page 193. lin. 27.

? After usurper; insert; and therefore he rather chose to rely on a title by election, [" Ego stephanus Dei gratia assensu cleri et populi in regem Anglorum electus, &c." (Cart. A. D. 1136. Ric. de Hagustald 314. Hearne ed guil. Neubr. 711.)]

Page 196. lin. 20.

For right read law

Page 208. lin. 6.

For only read eldest

Page 217. lin. 20.

For IV. read VI.

Page 218. lin. 30.

? After son. Insert; But under the description of the king's children his grandsons are held to be included, without having recourse to sir Edward Coke's interpretation of nephew: and therefore when his late majesty created his grandson, the second son of Frederick prince of Wales deceased, duke or york, and referred it to the house of lords to settle his place and precedence, they certified [Lords journ. 24 Apr. 1760] that he ought to have place next to the duke of Cumberland, the king's youngest son; and that he might have a seat on the left hand of the cloth of estate. But when, on the Accession of his present majesty, those royal personages ceased to take place as the children, and ranked only as the brother and uncle, of the king, they also left their seats on the side of the cloth of estate: so that when the duke of Glocester, his majesty's second brother, took his seat in the house of peers, [ibid. 10 Jan. 1765.] he was placed on the upper end of the earl's bench (on which the dukes usually fit) next to his royal highness the duke of York.

Page 224. lin. 13.

? After council. Insert; whenever also a question arises between two provinces in America of elsewhere, as concerning the extent of their charters and the like, the king in his council exercises original jurisdiction therein, upon the principles of feodal sovereignty. And so likewise when any person claims an island or a province, in the nature of a feodal principality, by grant from the king or his ancestors, the determination of that right belongs to his majesty in council: as was the case of the earl of Derby with regard to the isle of Man in the reign of queen Elizabeth, and of the earl of Cardigan and others, as representatives of the duke of Montague, with relation to the island of St. Vincent in 1764. But from all he dominions of the crown, excepting Great Britain and Ireland, an appellate jurisdiction (in the last resort) is vested in the same tribunal; which usually exercises it's judicial authority in a committee of the whole privy council, who hear the allegations and proofs, and make their report to his majesty in council, by whom the judgment is finally given.

Page 229. lin. 14.

? After religion. Insert; And, with respect to the latter of these three branches, we may farther remark, that by the act of union, 5 Ann. c. 8. two preceding statutes are recited and confirmed; the one of the parliament of Scotland, the other of the parliament of England: which e act; the former, that every king at his Accession shall take and subscribe an oath, to preserve the protestant religion an presbyterian church government in Scotland: the latter, that at his coronation he shall take and subscribe a similar oath, to preserve the settlement of the church of England within England, Ireland, Wales, and Berwick, and the territories thereunto belonging.

Page 235. lin. 18.

? After empire; add this note. Rex allegavit, quod ipse omnes libertates hageret in regno suo, quas imperator vindicabat in imperio. (M. Paris, A. D. 1095.)

Page 240. lin. 19.

? After Great Britain, insert; and that the "king was a stranger to our language and constitution."

Page 247. lin. 10.

? After of insert; this country, as well as of the rest of

Page 247. lin. 21.

Leave out from And the truth to reciting in page 248. lin. 5. and insert; But the truth is, so few cases (if any) had arisen, wherein the privilege was either claimed or disputed, even with regard to civil suits, that our law books are silent upon it, previous to the reign of queen Anne; when an embassadors from Peter the great, czar of. Muscovy, was actually affested, and taken out of his coach in London, [21 July. 1708. Boyer's annals of queen Anne.] for a debt of 50 l. which he had there contracted. Instead of applying to be discharged upon his privilege, he gave bail to the action, and the next day complained to the queen. The persons who were concerned in the arrest were examined before the privy council (of which the lord chief justice Holt was at the same time sworn a member) [25 July. 1708. ibid.] and seventeen were committed to prison: [25, 29 Jul. 1708. ibid.] most of whom were pro ceuted by information in the court of queen's bench, at the suit of the attorney general, [23 Oct. 1708. ibid.] and at their trial before the lord chief justice were convicted of the facts by the jury; [14 Feb. 1708. ibid.] reserving the question of law, how far those facts were criminal, to be afterwards argued before the judges; which question was never determined. In the mean time the czar resented this affront very highly, and demanded that the sheriff of Middlesex and all others concerned in the arrest should be punished with instant death. [17 Sept. 1708. ibid.] but the queen (to the amazement of that despotic court directed her secretary to inform him, "that she could inflict no punishment upon any, the meanest, of the subjects unless war ranted by the law of the land, and there- fore was persuaded that he would not in- fist upon impossibilities." [11 Jan. 1708. ibid. Mod. Un. Hist. xxxv. 454] To satisfy however the clamours of the foreign ministers, (who made it a common cause) as well as to appease the wrath of Peter, a bill was brought into parliament, [Com. journ. 1708.] and afterwards passed into a law, [21 Apr. 1709. Boyer, ibid.] to prevent and to punish such outrageous insolence for the future. And with a copy of his act, elegantly engrossed and illuminated, accompanied by a letter from the queen, an embassadors extraordinary [Mr Whitworth.] was commissioned to appear at Moscow. [8 Jan. 1709. Boyer, ibid.] who declared "that though her majesty could not inflict such a punishment as was required, be- cause of the defect in that particular of the former established constitutions of her kingdom, yet, with the unanimous con- sent of the parliament, she had caused a new act to be passed, to serve as a law for the future." This humiliating step was accepted as a full satisfaction by the czar; and the offenders, at his request, were discharged from all farther prosecution. This statute [7 Ann. c. 12.] recites.

Page 248. lin. 27.

? After now insert; held to be part of he law of the land, and are

Page 252. lin. 11.

? After arms. Insert; But passports under the king's sign manual, or licences from his embassadors abroad, are now more usually obtained, and are allowed to be of equal validity.

Page 255. lin. 26.

? After do it. Insert;

It is partly upon the same, and partly upon a fiscal foundation, to secure his marine revenue, that the king has the prerogative of appointing ports and hamens, or such places only, for persons and merchandize to pars into and out of the realm, as he in his wisdom sees proper. By the feodal law all navigable rivers and havens were computed among the regalia, [2 Feud. t. 56. Crag. 1. 15. 15.] and were subject to the sovereign of the state. And in England it hath always been held, that the king is lord of the whore shore, [F. N. B. 113.] and particularly is the guardian of the ports and havens, which are the inlets and gates of the realm: [Dav. 9. 56.] and therefore, so early as the reign of king John, we find ships seized by the king's officers for putting in at a place that was not a legal port. [Madox hist. exch. 530.] These legal ports were undoubtedly at first assigned by the crown; since to each of them a court of portmore is incident, [4 Inst. 148.] the jurisdiction of which must flow from the royal authority: the great ports of the sea are also referred to, as well known and established, by statute 4 Hen. IV. c. 20. which prohibits the landing elsewhere under pain of Confiscation: and the statute 1 Eliz. c. 11. recites that the franchise of laking and discharging had been frequently granted by the crown.

But though the king had a power of granting the franchise of havens and ports, yet he had not the power of resumption, or of narrowing and confining their limits when once established; but any person had a right to load or discharge his merchandize in any part of the haven: whereby the revenue of the customs was much impaired and diminished, by fraudulent landings in obscure and private corners. This occasioned the statutes of 1 Eliz. c. 11. and 13 & 14 Car. II. c. 11. §. 14. which enable the crown by commission to ascertain the limits of all ports, and to assign proper wharfs and quays in each port, for the exclusive landing and loading of merchandize.

The erection of beacons, light-houses, and sea-marks, is also a branch of the royal prerogative: whereof the first were antiently used in order to alarm the country, in case of the approach of an enemy; and all of them are signally useful in guiding and preserving vessels at sea by night as well as by day. For this purpose the king hath the exclusive power, by commission under his great seal, [3 Inst. 204. 4. Inst. 148.] to cause them to be erected in sit and convenient places, [Rot. Claus. 1 Ric. II. m. 42. Pryn. on. 4 Inst. 136.] as well upon the lands of the subject as upon the demesnes of the crown: shich power is usually vested by letters patent in the office of lord high admiral. [1 Sid. 158. r. Inst. 149.] And by statute 8 Eliz. c. 13. the corporation of the trinity-house are impowered to set up any beacons or sea-marks wherever they shall think them necessary; and if the owner of the land or any other person shall destroy them, or shall take down any steeple, tree, or other known sea-mark, he shall forfeit 100 l. or, in case of inability to pay it, shall be ipso facto outlawed.

Page 259. lin. 14.

Leave out from And, to public in line 18.

Page 279. lin. 13.

? After amercements add this note. Roger North, in his life of lord keeper North, (43. 44) mentions an eyre, or iter, to have been held south of Trent soon after the restoration: but I have met with no report of it's proceedings.

Page 292. lin. 2.

? After Deodand. Insert; But juries have of late very frequently taken upon themselves to mitigate these forfeitures, by finding only some trifling thing, or part of an intire thing, to have been the occasion of the death. And in such cases, although the finding of the jury be hardly warrantable by law, the court of king's bench hath generally refused to interfere on behalf of the lord of the franchise, to assist so odious a claim. [Foster of homicide. 266.

Page 304. lin. 19.

? After wines. insert; which is considerably older that the customs, being taken notice of in the great roll of the exchequer, 8 Ric. I. still extant. [Madox hist esch. 526, 532.] page 321. lin. 18.

? For it never in fact amounted to quite so much read complaints were made (in the first years at least) that it did not amount to so much.

Page 323. lin. 18.

For operating on read being pleaded to

Page 329. lin. 22.

? Leave out But and insert; and the king's letters patent, appointing the new sheriffs, used commonly to bear date the sixth day of November. [Stat. 12. Edw. IV. c. 1.] The statute of Cambridge, 12 Ric. II. c. 2. ordains, that the chancellor, Treasurer, keeper of the privy seal, steward of the king's house, the king's chamberlain, clerk of the rolls, the justices of the exchequer, and all other that shall be called to ordain, name, or make justices of the peace, sheriffs, and other officers of the king, shall be sworn to act indifferently, and to name no man that sueth to be put in office, but such only as they shall judge to be the best and most sufficient. And

Page 330. lin. 25.

? After book, insert; and the statute 34 & 35 Hen. VIII. c. 26. §. 61. which expressly recognizes this to be the law of the land,

Page 331. lin. 10

? After law insert; However, it must be acknowleged, that the practice of occasionally naming what are called pocket sheriffs, by the sole authority of the crown, hath been uniformly continued to this day.

Page 337. lin. 5.

After suddenly invert; or in prison,

Page 339. lin. 2.

? After peace, insert; either claim that power by prescription; [Lamb. 15.] or were bound to exercise it by the tenure of their lands; [ibid. 17.] or, lastly.

Page 348. lin. 28.

? After after, insert; (though a subsequent nomination will be valid) [Stra. 1123.]

Page 351. lin. 19.

After he insert; remains in England, and

Ibid. lin. 20.

Before after insert; in his absence, or during (perhaps) his inability, or

Page 352. lin. 13.

After unmarried, insert; and childless,

Page 389. lin. 1.

? After lords: insert; and some are of opinion that there must be at least two writs of summons, and a sitting in two distinct parliaments, to evidence an hereditary barony: [Whitelocke of parl. c. 114.]

Page 400. lin. 22.

? For Edmond earl of Kent being taken read Thomas earl of Lancaster being condemned

Page 404. lin. 27.

For their read nuncupative

Page 409. lin. 6.

For informal read nuncupative

Page 426. lin. 29.

? Leave out from Idiots to it in page 427. lin. 2. and insert; It was formerly adjudged, that the issue of an idiot was legitimate, and consequently that his marriage was valid. A stranger determination! since consent is absolutely requisite to matrimony, and neither idiots nor lunatics are capable of consenting to any thins. And therefore the civil law judged much more sensibly, when it made such deprivation of reason a previous impediment, though not a cause of divorce, if they happened after marriage. [Ff 23. tit. 1. l 8. & tit. 2. l. 16.] And modern resolutions have adhered to the reason of the civil law, by determining [Morrison's case, coram Delegat.] that the marriage of a lunstic, not being in a lucid interval, was absolutely void. But as it might be difficult to prove the exact state of the party's mind at the actual celebration of the nuptials, upon this account (concurring with some private family [See private acts 23 Geo. II. c. 6.] reasons) the stat. 15. Geo. II. c. 30. has provided, that the marriage of lunatics and persons under phrenzies (if found lunatics under a commission, or committed to the care of trustees by any act of parliament) before they are declared of sound mind by the lord chancellor or the majority of such trustees, shall be totally void.

Page 444. lin. 24.

? Leave out from any to bastard in line 25. and infer; the presumptive heir shall be admitted to the inheritance; though liable to lose it again, on the birth of a child within forty weeks from the death of the husband. [Britton. C. 66. page 166.]

Page 453. lin. 7.

? After actatem. Insert; So also, in much more modern times, a boy of ten years old, who was guilty of a heinous murder, was held a proper subject for capital punishment, by the opinion of all the judges. [Foster. 72.]

Page 464. lin 7.

? After circuits. Insert; And, even though they be so approved, still if contrary to law they are void.

Ibid. lin. 28.

? For It cannot be a trustee; read It cannot be seized of lands to the use of another; [Bro. Abr. tit. Feoffm. Al uses. 40. Bacon of uses. 347.]

Page 469. lin. 15.

? After authority. add this note. This notion is perhaps too refined. The court of king's bench, from it's general superintendent authority where other jurisdictions are deficient, has power to regulate all corporations where no special visitor is appointed. But, as it's judgments are liable to be reversed by writs of error, it wants one of the essential marks of visitatorial power.

Page 473. lin. 9.

? Before a writ insert; and information in nature of

Ibid. lin. 16.

? Leave out from sufficiently to charter and insert; in most of them were sufficiently regular: but the judgment against that of London was reversed by act of parliament [Stat 2 W. & M. c. 8.] after the revolution; and, by the same statute, it is enacted that the franchises.

The original and more to read

• Avalon Project, Yale Law School: this chapter as keyed from the Oxford first edition
• Page scans of the first edition, volume 4 (Bavarian State Library copy, Internet Archive)
• Page scans of John Adams's signed copy, volume 4 (Boston Public Library, Internet Archive)
• Download the Adams copy, volume 4 (PDF)