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ON

The Laws of England:

IN FOUR BOOKS;

WITH

AN ANALYSIS OF THE WORK.

BY

SIR WILLIAM BLACKSTONE, KNT.

ONE OF THE
JUSTICES OF THE COURT OF COMMON PLEAS.

VOL IV.

The Nineteenth edition.

WITH THE LAST CORRECTIONS OF THE AUTHOR, AND COPIOUS

NOTES

BY A. RYLAND, ESQ.

OF GRAY'S INN, BARRISTER AT LAW.

LONDON:

S. SWEET, 1, CHANCERY LANE;
A. MAXWELL, 32, AND STEVENS & SONS, 39, BELL YARD,

Law Booksellers & Publishers :
AND MILLIKEN & SON, GRAFTON STREET, DUBLIN.

1836.

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LONDON
PRINTED BY RAYNER AND HODOKS,

Shoe Lane, Fleet Street,

OF

THE ANAYSIS OF BOOK IV.

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PUBLIC WRONGS.

In which are considered

1. The general nature of crimes, and punishment ....................

I II. The persons capable of committing crimes ....

III. Their several degrees of guilt; as

51. Principals,

2. Accessories ......................

IV. The several crimes (with their punishments) more peculiarly offending

1. God and religion

2. The law of nations ..........

3. The king and government; viz.

(1. High treason ........

VI

2. Felonies injurious to the prerogative ...........................

13. Præmunire .............................

VIII

4. Misprisions and contempts ......................................

4. The commonwealth ; viz. offences against

ri. Public justice ....

2. Public peace ...................................

3. Public trade

XII

4. Public health,

15. Public economy ....

5. Individuals; being crimes against

ri. Their persons; by

$ 1. Homicide......

XIV

2. Other corporal injuries ...........

XV

2. Their habitations ..........

XVI

3. Their property .....................................

V. The means of prevention; by security for

51. The peace,

12. The good behaviour ..........

VI. The method of punishment; wherein of

(1. The several courts of criminal jurisdiction

2. The proceedings there,

51. Summary.............

......... XX

2. Regular; by

Cl. Arrest .............

XXI

2. Commitment, and bail

XXII

3. Prosecution; by

ri. Presentment,

2. Indictment,

3. Information,

(4. Appeal..........

XXIII

4. Process .........

XXIV

5. Arraignment, and its incidents

XXV

6. Plea, and issue .......

XXVI

7. Trial, and conviction ...............

XXVII

8. Clergy.....................

. . XXVIII

9. Judgment, and attainder ; which induce

SI. Forfeiture,

12. Corruption of blood ........................ XXIX

10. Avoider of judgment, by

Si. Falsifying, or reversing, the attainder ..........

XXX

2. Reprieve, or pardon .......................... XXXI

11. Execution.................................... XXXII

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CHAPTER 1.
ON THE NATURE OF CRIMES, AND THEIR PUNISHMENT.

1. In treating of public wrongs may be considered, I. The general nature of crimes and punishments. II. The persons capable of committing crimes. III. Their several degrees of guilt. IV. The several species of crimes, and their respective punishments. V. The means of prevention. VI. The method of punishment. . . . . . . . Page 1

2. A crime, or misdemesnor, is an act committed, or omitted, in violation of a public law, either forbidding or commanding it. 4

3. Crimes are distinguished from civil injuries, in that they are a breach and violation of the public rights, due to the whole community, considered as a community. . . . . 5

4. Punishments may be considered with regard to, J. The power, II. The end, III. The measure,—of their infliction. 7

5. The power, or right, of inflicting human punishments, for natural crimes, or such as are mala in se, was by the law of nature vested in every individual ; but, by the fundamental contract of society, is now transferred to the sovereign power: in which also is vested, by the same contract, the right of punishing positive offences, or such as are mala prohibita. :

6. The end of human punishments is to prevent future offences; I. By amending the offender himself. III. By deterring

• This Analysis is a mere copy of that the labour it would have cost, and the deprinted during the life of the author, and lay it would have caused in the publicamust be read as the key to the text only. tion of the work, it was feared that it would A perusal of the notes with the text, as have rendered the volume too bulky, (the suggested in the Advertisement, will pos- notes amounting in number to nearly sess the student with the alterations in the seven hundred) and wouid, perhaps, ralaw, bearing both upon the text and the ther have embarrassed than assisted the Analysis. An analysis of the notes might reader. have been added, but, independently of

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