ON THE LAWS OF ENGLAND, IN THE ORDER, AND COMPILED FROM THE TEXT OF BLACKSTONE, AND EMBRACING THE NEW STATUTES AND ALTERATIONS BY JOHN BETHUNE BAYLY, OF THE MIDDLE TEMPLE, ESQ. LONDON: SAUNDERS AND BENNING, LAW BOOKSELLERS, 43, FLEET STREET. PREFACE. THE excellence of the Commentaries of Sir William Blackstone as an elementary Treatise on the Laws and Constitution of England, has been so long established, that a knowledge of their contents is usually deemed indispensable as introductory to the study of legal works of a more abstruse kind. But it is not merely as an elementary Work that the Commentaries are so justly esteemed; they are constantly referred to in the Courts of Law, and whilst the general soundness of the legal principles promulgated and expounded in them is acknowledged and valued by the professed Lawyer, the Statesman and the Magistrate look to them as their safest guide and highest authority in all matters of constitutional doctrine and practice. The following pages comprise the substance of the original Text of Blackstone, except such parts as having lost all connection with the present state of the law have become obsolete; but so much of the statement and commentary of the old law as may be considered necessary to a proper comprehension of the new, has been retained, and Notes have been added of the new statutes and alterations to the present time. Some practical experience as an attorney, led me to think that such a Book might be of general utility. In attempting the execution of this task I have not been unconscious of the presumption, nor unmindful of the risk, attendant on any alteration made by so inferior a hand, on a Work which is no less conspicuous for the purity and elegance of its style, than for the extent and importance of its subject. The language and arrangement of the original have consequently been retained, as much as was possibly consistent with the nature of the undertaking. I cannot anticipate a favourable opinion from those who, having given to the several subjects of the Commentaries particular attention, may deem them to be here too superficially treated. The design of the Work is however institutional, and the wish to circumscribe it within a small compass has rendered retrenchment constantly necessary; yet I believe that, excepting such parts as are now become matter rather of curious research than useful reading, it will be found to contain the substance of every chapter of the original. The same desire of conciseness has occasioned the Notes to be chiefly confined to the numerous alterations in the law effected by the various Legislative enactments since Sir William Blackstone's time, by which, more than by the Judicial decisions within that period, his Commentaries have been affected. The Work is doubtless not free from errors, but I trust that some allowance will be made for the extent and labour of the undertaking. I have to acknowledge and to express the obligation I feel for the assistance which I have derived from the numerous Works quoted and referred to in the Notes. Temple, July, 1840. JOHN B. BAYLY. TABLE OF CONTENTS. Law in its general sense. In its limited sense. Natural law. Re- vealed law. Law of nations. Municipal law. Forms of government. The British constitution. Laws are, declaratory, directory, remedial, and vindicatory. Difference between things prohibited by the law, which are mala in se, and those which are mala prohibita. Interpretation of Municipal law, how divisible. Unwritten law, including general and particular customs. Proof of particular customs. Requisites, con- struction and allowance of particular customs. Prescriptive rights, and provisions of 2 & 3 Wm. 4, c. 71 and c. 100, thereon. Particular laws; whence in force. Civil law. Common law. Civil and common law courts. Statute law. Public acts. Private acts. Construction of sta- England realm of, comprehends what by the common law. Wales, |