[In the 5th edition, Table VIII appears as a foldout between pages 984 and 985 of vol. 2; the table given here is a simplified version from the abridged “Student’s Edition” of the lectures edited by Robert Campbell (London: John Murray, 1880), pp. 472-473.]
TABLE VIII.
The Arrangement which seems to have been intended by Blackstone.
Law regarding Rights: (i.e. primary Rights and Duties):
Containing
Law regarding Wrongs;
Regarding
Law regarding the ‘Rights of Persons’: ‘Rights which concern, and are annexed to the Persons of Men’:
Containing
Law regarding the ‘Rights of Things’:
(‘Jura Rerum’: ‘Rights which a man may acquire over Things unconnected with his Person’: i.e.
Law regarding ‘The Absolute Rights of Persons’: viz.:
Law regarding ‘The Relative Rights of Persons’: i.e.
of personal security.
of personal liberty.
of private property.
‘The rights and duties of persons as members of society, standing in various relations to each other:’ viz.:
Jus Rerum:
A department conversant (according to the general statement which Blackstone has given of its subjects) about ‘property or dominion:’
Property or dominion being divisible into
Public Relations: i.e. Law regarding
Private Relations: viz.
1. Constitutional Law: comprising
2. Subordinate magistrates, and other officers.
3. The Clergy.
5. Persons engaged in the Defence of the State.
6. Persons bearing titles of honour.
7. Aliens and denizens, as distinguished from Natural‑born Subjects.
Those of Master and Servant—Husband and Wife—Parent and Child—Guardian and Ward. The condition of Idiots and Lunatics.
4. Corporations.
‘The Legislative Branch of the Sovereignty’ (meaning the supreme power): a department embracing the constitution and procedure of Parliament.
‘The Executive Branch of the Sovereignty,’ containing an account of the King: his Title—his Family—his Councils—his Duties—his Prerogatives—his Revenue: And International Law.
Real Property, (in the sense of the English Lawyers):
that is to say, rights which are inheritable: being divisible into
Personal Property:
i.e. Rights which are not inheritable: but which devolve ab intestato to Administrators, and divisible into
Corporeal Hereditaments: being rights in rem, having for their subject a thing strictly so called, and indefinite in respect of user.
Incorporeal Hereditaments:
Which maybe classed as follows: viz.
Some are rights in rem over determinate things: but restricted and definite in point of user.
A right to Tithes:—A right to a Rent issuing out of land:—Franchises of certain sorts: as a right of free warren or fishery:—Rights of Common:—Rights of Way.
Some are rights in rem, but have no determinate subjects:
e.g.
Right to an office or dignity:—Franchises of certain sorts: as a right of jurisdiction within certain limits, or a right of levying a toll at a bridge or ferry.
Some are rights in personam: but descending ab intestato to the heirs of the entitled parties,
e.g.
Right to an annuity charging the person of the grantor, but payable to the grantee and his heirs.
Property in possession:
Divisible into
Property in action:
Divisible into
Universitates Juris
or
Rights and Duties devolving collectively or in mass:
e.g.
by Bankruptcy, Testament, or Intestacy.
Absolute property in possession:
Qualified property in possession:
Jura in rem.
Absolute or qualified property divested of possession by wrong:
Jura in rem combined with jura in personam: viz. with rights of action against the wrong-doers.
Rights arising directly from contracts and quasi-contracts.
Jura in personam.
Civil Injuries:
Rights and Obligations arising from Civil Injuries.
Civil Procedure.
Crimes:
Punishments :
Criminal Procedure.