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CONTENTS OF

THE ANALYSIS OF BOOK I.

{2:

INTRODUCTION.
Of the study of the law.......

SECTION 1. The nature of laws in general.....

IL The grounds and foundation of the laws of England....

III. The countries subject to those laws...

IV. l'he objects of the laws of England, viz.: I. THE RIGHTS OF PERSONS; which are 1. Natural persons; whose rights are

1. Absolute; viz. the enjoyment of
11. Personal security,

2. Personal liberty,
3. Private property.....

CHAPTER I.
2. Relative; as they stand in relations
1. Public; as
1. Magistrates; who are
1. Supreme:
1. Legislative; viz. the parliament ......

II. 2. Executive; viz. the king, wherein of his 11. Title....

III. 2. Royal family

IV. 3. Councils.....

V. 4. Duties

VI. 5. Prerogatives..

VII. 6. Revenue : (1. Ordinary; viz.

11. Ecclesiastical,

12. Temporal, 2. Extraordinary.

VIII. 2. Subordinate ....................................

IX. 2. People; who are 11. Aliens.........

X. 2. Natives; who are 1. Clergy..

XI. 2. Laity; who are in a state 1. Civil......

XII. 2. Military, (3. Maritime..

XIII. 2. Private; as, 1. Master and servant

XIV. 2. Husband and wife...........................................................

XV. 3. Parent and child .

XVI, 4. Guardian and ward.........................................................

XVII. 2. Bodies politic, or corporations

XVIII. II. The Rights OF THINGS...........................................................................

BOOK II. III. PrivaTE WRONGS.................................................................................. III. (IV. PUBLIC WRONGS .................................................................................

IV.

ANALYSIS.

INTRODUCTION. OF THE STUDY, NATURE, AND Extent, OF THE pear from considering the peculiar situaLaws op ENGLAND.

tions of, I. Gentlemen of fortune. II. The SECTION I.

nobility. III. Persons in liberal professions..

.Page 6-17 OF THE STUDY OF THE LAW.............Page 6 to 81 2. The causes of its neglect were, chiefly, the 1. The general utility of the study of the revival of the study of the Roman laws in English common law will principally ap the twelfth century, their adoption by the

85

clergy and universities, and the illiberal 3. General customs, or the common Inw projealousy that subsisted between the patrons perly so called, are founded upon imme

and students of each................... Page 17-20 morial universal usage, whereof judicial 8. The establishment of the court of Common decisions are the evidence; which deciPleas at Westminster preserved the com

sions are preserved in the public records, mon law, and promoted its study in that explained in the year-books and reports, neighbourhood, exclusive of the two uni and digested by writers of approved auversities 22 thority

Page 68 4. But the universities are now the most eli 4. Particular customs are those which are

gible places for laying the foundations of only in use within some peculiar dis-
this, as of every other liberal accomplish tricts; as gavel-kind, the customs of
ment; by tracing out the principles and London, &c. .......
grounds of the law, even to their original 5. These-I. must be proved to exist ;-II.
elements....

31 must appear to be legal; that is, imme

morial, continued, peaceable, reasonable, SECTION II.

certain, compulsory, and consistent;OF THE NATURE OF LAWS IN GENERAL.....38 to 61

III. must, when allowed, receive a strict
construction..........

.......... 76-79 1. Law is a rule of action prescribed by a

6. Particular laws are such as, by special superior power.........

38 2. Natural law is the rule of human action,

custom, are adopted and used only in

certain peculiar courts, under the superprescribed by the Creator, and discover

intendence and control of the common and able by the light of reason..........

39 8 The divine, or revealed law, considered

statute law; namely, the Roman civil and canon laws. ......

.... 79 As a rule of action, is also the law of na

7. The written or statute laws are the acts ture, imparted by God himself...... 41 A The law of nations is that which regu

which are made by the king, lords, and lates the conduct and mutual intercourse

commons, in parliament, to supply the of independent states with each other, by

defects, or amend what is amiss, of the

unwritten law ....... reason and natural justice ........

43

8. In order to give a more specific relief b Municipal or civil law is the rule of civil

than can sometimes be had, through the conduct prescribed by the supreme power

generality of both the unwritten and writin a state, commanding what is right and

ten law, in matters of private right, it is prohibiting what is wrong.......

44

the office of equity to interpose..... 91 6 Society is formed for the protection of in

dividuals; and states, or government, for the preservation of society...

SECTION IV. 7. In all states there is an absolute supreme

OF THE COUNTRIES SUBJECT TO THE LAWS power, to which the right of legislation

OF ENGLAND

......93 to 11s belongs, and which, by the singular con

1. The laws of England are not received in stitution of these kingdoms, is vested in the king, lords, and commons

their full extent in any other territories

.48-51 8. The parts of a law are, I. The declaratory;

besides the kingdom of England, and the which defines what is right and wrong.

dominion of Wales, which have, in most II. The directory; which consists in com

respects, an entire communion of laws... 93 manding the observation of right, or pro

2. Scotland, notwithstanding the union, rebibiting the commission of wrong. III. The

tains its own municipal laws, though subremedial; or method of recovering private

ject to regulation by the British parliament......

95 rights and redressing private wrongs. IV. The vindicatory sanction of punishments

3. Berwick is governed by its own local

usages, derived from the Scots law, hut for public wrongs; wherein consists the

bound by all acts of parliament..............

99 most forcible obligation of human laws...53-4 4. Ireland is a distinct subordinate king9 To interpret a law, we must inquire after the will of the maker: which may be col

dom, governed by the common law of lected either from the words, the context,

England, but not bound by modern acts the subject-matter, the effects and conse

of the British parliament, unless particularly named....

99 quence, or the spirit and reason of the

5. The Isle of Man, the Norman isles, (as law

....59-61 10. From the latter method of interpreta

Guernsey, &c.,) and our plantations tion arises equity, or the correction of

abroad, are governed by their own that wherein the law (by reason of its

laws, but are bound by acts of the un versality) is deficient.....

British parliament, if specially named 61 therein..

...104-109 SECTION JII.

The territory of England is divided, ec

clesiastically, into provinces, dioceses, OF THE LAWS OF ENGLAND....................63 to 91 archdeaconries, rural deaneries, and pa1. The laws of England are of two kinds : rishes ......

.110-113 the unwritten or common law, and the 7. The civil division is, first, into counties, written or statute law.

63 of which some are palatine; then, some2. The unwritten law includes, I. General times, into rapes, lathes, or trithings; customs. II. Particular customs. III. Par

next, into hundreds, or wapentakes; and ticular laws.........

67 lastly, into towns, vills, or tithings........ 113

47

BOOK I.-OF THE RIGHTS OF PERSONS.

Page 147

CHAPTER I.

2. Parliaments, in some shape, are of ag JF THE ABSOLUTE RIGHTS OF INDIVI

high antiquity as the Saxon government DUALS..............

. Page 122 to 144 in this island, and have subsisted, in 1. The objects of the laws of England are, their present form, at least five hundred I. Rights. II. Wrongs..

122 years...... 2 Rights are, the rights of persons, or the 3. The parliament is assembled by the king's rights of things.

122 writs, and its sitting must not be inter3. The rights of persons are such as concern,

mitted above three years .......

150 and are annexed to, the persons of men:

4. Its constituent parts are the king's maand, when the person to whom they are jesty, the lords spiritual and temporal, due is regarded, they are called (simply) and the commons represented by their rights; but when we consider the person

members: each of which parts has a nefrom whom they are due, they are then gative, or necessary, voice in making denominated duties............. .... 123 laws...

...... 153-160 4. Persons are either natural, that is, such 5. With regard to the general law of parlia

as they are formed by nature; or artificial, ment;-its power is absolute: each house that is, created by human policy, as bodies is the judge of its own privileges: and all politic or corporations..

123 the members of either house are entitled d. The rights of natural persons are, I. Ab to the privilege of speech, of person, of

solute, or such as belong to individuals. their domestics, and of their lands and II. Relative, or such as regard members goods .......

160–167 of society ...................

123 6. The peculiar privileges of the lords (be5 The absolute rights of individuals, re sides their judicial capacity) are to hunt

garded by the municipal laws, (which pay in the king's forests; to be attended by no attention to duties of the absolute the sages of the law; to make proxies; kind,) compose what is called political or to enter protests; and to regulate the civil liberty.

123 election of the sixteen peers of North 1. Political or civil liberty is the natural Britain

167 liberty of mankind, so far restrained by 7. The peculiar privileges of the commons human laws as is necessary for the good

are to frame taxes for the subject; and to of society...................

125 determine the merits of their own clec8. The absolute rights, or civil liberties, of tions, with regard to the qualifications of

Englishmen, as frequently declared in the electors and elected, and the proceedParliament, are principally three: the ings at elections themselves..............169–180 right of personal security, of personal 8. Bills are usually twice read in each bouse, liberty, and of private property

129 committed, engrossed, and then read a 9. The right of personal security consists in third time; and when they have obtained

the legal enjoyment of life, limb, body, the concurrence of both houses and rehealth, and reputation

129 ceived the royal assent, they become acts 10. The right of personal liberty consists in of parliament ...............

..... 182-185 the free power of locomotion, without 9. The houses may adjourn themselves; illegal restraint or banishment......... 133

but the king only can prorogue the parIl. The right of private property consists in liament

..185-187 every man's free use and disposal of his 10. Parliaments are dissolved, I. At the own lawful acquisitions, without injury king's will. II. By the demise of the or illegal diminution.............

138 crown; that is, within six months after. 12. Besides these three primary rights, there III. By length of time, or having sat for are others which are secondary and subor the space of seven years.................

...187-189 dinate; viz. (to preserve the former from unlawful attacks,) I. The constitution and

CHAPTER III. power of parliaments: II. The limitation of the king's prerogative: and, (to vindi OF THE KING, AND HIS TITLE ............190 to 215 cate them when actually violated,) III. 1. The supreme executive power of this The regular administration of public jus

kingdom is lodged in a single person : tice: IV. The right of petitioning for re

the king or queen....

190 dress of grievances : V. The right of hav 2. This royal person may be considered ing and using arms for self-defence...140–144 with regard to, I. His title. II. His

royal family. III. His councils. IV. His CHAPTER II.

duties. V. His prerogative. VI. His reOF THE PARLIAMENT ..... ..146 to 189 venue......

190 1 The relations of persons are, I. Public. 3. With regard to his title: the crown of

II. Private. The public relations are those England, by the positive constitution of of magistrates and people. Magistrates the kingdom, hath ever been descendible, ere supremne, or subordinate. And of su and so continues........

190 preme magistrates, in England, the par 4. The crown is descendible in a course peliament is the supreme executive........... 146 culiar to itself.........

193

6 This course of descent is subject to 2. These are his part of the original con

limitation by parliament ............... Page 195 tract between himself and the people; 6 Notwithstanding such limitations, the founded in the nature of society, and ex

crown retains its descendible quality, pressed in his oath at the coronation. Page 235 and becomes hereditary in the prince to whom it is limited.

196

CHAPTER VII. 1. King Egbert, king Canute, and king William I. have been successively con

OF THE KING'S PREROGATIVE ............ 237 to 278 stituted the common stocks, or ancestors,

1. Prerogative is that special power and of this descent...

198 pre-eminence which the king hath above 8. At the revolution, the convention of other persons, and of the ordinary course

estates, or representative body of the of law, in right of his regal dignity... 237-239 nation, declared that the misconduct cf 2. Such prerogatives are either direct, or king James II. amounted to an abdica

incidental. The incidental, arising out tion of the government, and that the of other matters, are considered as they throne was thereby vacant.

213 arise: we now treat only of the direct .... 239 9. In consequence of this vacancy, and from

3. The direct prerogatives regard, I. The a regard to the ancient line, the conven king's dignity, or royal character. II. tion appointed the next Protestant heirs His authority, or regal power. III. His of the blood-royal of king Charles I. to revenue, or royal income ....

240 fill the vacant throne, in the old order of

4. The ng's dignity consists in the legal succession; with a temporary exception,

attributes of, I. Personal sovereignty. or preference, to the person of king Wil II. Absolute perfection. III. Political liam III......

214 perpetuity

................ 241-249-* 10. On the impending failure of the Pro

5. In the king's authority, or regal power, testant line of king Charles I., (whereby

consists the executive part of governthe throne might again have become ve

ment.........

250 cant,) the parliament extended the set 6. In foreign concerns, the king, as the retlement of the crown to the Protestant presentative of the nation, has the right line of king James I., viz. to the princess or prerogative, I. Of sending and receivSophia of Hanover, and the heirs of her ing embassadors. II. Of making treaties. body, being Protestants; and she is now IIŤ. Of proclaiming war or peace. IV Of the common stock, from whom the heirs issuing reprisals. V. Of granting safeof the crown must descend.................... 215 conducts ...

.... 253-261 7. In domestic affairs, the king is, first, a

constituent part of the supreme legislaCHAPTER IV.

tive power; hath a negative upon all new OF THE KING'S ROYAL FAMILY...........218 to 224 laws; and is bound by no statute, unless 1. The king's royal family consists, first, of specially named therein............... the queen: who is either regnant, consort,

8. He is also considered as the general of or dowager

218 the kingdom, and may raise fleets and 2. The queen consort is a public person; and

armies, build forts, appoint havens, erect has many personal prerogatives and dis beacons, prohibit the exportation of arms tinct revenues.......

218

and ammunition, and confine his subjects 8. The prince and princess of Wales, and within the realm, or recall them from the princess-royal, are peculiarly re foreign parts.......

..... 262-266 garded by the law

223 9. The king is also the fountain of justice, 4. The other princes of the blood-royal are

and general conservator of the peace; only entitled to precedence

224 and therefore may erect courts, (wherein

he hath a legal ubiquity,) prosecute
CHAPTER V.,

offenders, pardon crimes, and issue pro-
clamations ....

.... 266 OF THE COUNCILS BELONGING

10. He is likewise the fountain of honour, King........ ...227 to 232 of office, and of privilege............

271 1. The king's councils are, I. The parlia 11. He is also the arbiter of domestic comment. II. The great council of peers. merce, (not of foreign, which is regulated III. The judges, for matters of law. IV. by the law of merchants ;) and is, thereThe privy council ..

.... 227-230 fore, entitled to the erection of public 2 In privy counsellors may be considered, marts, the regulation of weights and

I. Their creation. II. Their qualifica measures, and the coinage or legitimations. III. Their duties. IV. Their pow

tion of money .........

273 ers. V. Their privileges. VI. Their dis 12. The king is, lastly, the supreme head solution

... 230-232 of the church; and, as such, convenes,

regulates, and dissolves synods, nomi-
CHAPTER VI.

nates bishops, and receives appeals in all
ec.lesiastical causes............

270 OF THE KING's DUTIES........

.233 to 235 1. The king's duties are, to govern his peo

CHAPTER VIII. ple according to law, to execute judgment in mercy, and to maintain the established OF THE King's REVENUE.................281 to 330 religion...

233 | 1. The king's revenue is either ordinary or

....... 261

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TO

THA

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