JB/031/030/001

Click Here To Edit

1828 Aug. 28
Blackstone

8
§.2. Universal Jurisprudence
§ Rights in
Possession
to Blackstone</note>

Private Way
B. III. Ch. 3 P. p. 5

Per Blackstone — I may<lb?>take my horse from a common
&c but must break open
a stable.

In the present case, for exemplification as above, the
thing placed brought upon the carpet is a coat: for a similar
purpose, the thing brought upon the carpet is a horse.
"If for instance" (says he) " my horse is taken away, and
"I find him on a common, a fair, or a public area
"I may hopefully seize him to my own use: but I
"cannot justify breaking open a private stable or entering
"on the grounds of a third, as later , unless to be
" , but must have recourse to an action
"at law."

This to elucidate the position
that recaption must not take
place — to occasion strife or bodily
contention or endanger
peace of Society; if bodily
contention alone — it
more dear — as it is

Thus i The position, for the elucidation of which this
employment if given by him to his horse is — "that the natural
"right of recaption stands be , where
such exertion must occasion strife and bodily contention
or endanger the peace of Society. that to his
If on this occasion the words "bodily contention" had been
all the words employed, his explanation would have been so
much the clearer: not but that in this case, is a
in which the were included, a demand would have place for further as
would But by the strife which precedes these words, and
the peace of society which follows them, is produced instead of clearness
and the whole is wrapt in clouds.

Here as every where doubt
may be raised — if he says these
are the words of Common Law
— his adversary says not true
but these are

As in other cases so in this, upon out every thing he says
doubts upon doubts, all of them well-grounded ones might be
raised: for whether by him by whomsoever delivered, whether by him, or by
any body else, it is a an property of whatever is said un
in the character under the name of Common Law to make us believe that we
know what in case of one doing so, would be done by to us or
by the Judge — which had while/should that same said knowledge is especially impossible:
for, take up any set of words, and say these are
the words of Common Law, — no will your adversary say, not<lb?>those but these are: and as no particular one individual set of words are
words
of common law, as well
:of these things which are
law, it is only
the Statute law that has
any determinable words
belonging to, you and he
ar</del< add>say</add> better if you as to
is true, so long as your reason at assertion is in the negative, both of you, what is false whatever your assertion is of <?del> the positive sort.

Identifier: | JB/031/030/001"JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-08-28	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	030	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d8
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	richard doane	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9716
Box Contents