« PreviousContinue »
extraordinary. And the ordinary is, I.
Ecclesiastical. II. Temporal.......... Page 281 2. The king's ecclesiastical revenue consists
in, I. The custody of the temporalities of vacant Lishoprics. II. Corodies and pensions. III. Extraparochial tithes. IV. The first-fruits and tenths of benefices....
....282–286 8. The king's ordinary temporal revenuo consists in, I. The demesne lands of the
II. The hereditary excise; being part of the consideration for the pur*chase of his feodal profits, and the prerogatives of purveyance and pre-emption. III. An annual sum issuing from the duty on wine-licenses; being the residue of the same consideration. IV. His forests. V. His courts of justice. VI. Royal fish. VII. Wrecks, and things jetsam, flotsam, and ligan. VIII. Royal mines. IX. Treasure trove. X. Waifs. XI. Estrays. XII. Forfeitures for offences, and deodands. XIII. Escheats of lands. XIV. The cus
tody of idiots and lunatics. ..286-306 1. The king's extraordinary revenue consists in aids, subsidies, and supplies granted to him by the commons in parliament .......................................
306 6. Heretofore these were usually raised by
grants of the (nominal) tenth or fifteenth part of the movables in every township; or by scutages, hydages, and talliages; which were succeeded by subsidies assessed upon individuals with respect to their lands and goods.........
308 6. A new system of taxation took place
about the time of the revolution: our modern taxes are, therefore, I. Annual. II. Perpetual.....
808 7. The annual taxes are, I. The land-tax,
or the ancient subsidy raised upon a new assessment. II. The malt-tax, being an annual excise on malt, mum, cider, and
perry. 8. The perpetual taxes are, I. The customs,
Ir tonnage and poundage of all merchandise exported or imported. II. The excise duty, or inland imposition, on a great variety of commodities. III. The salt duty, or excise on salt. IV. The postoffice, or duty for the carriage of letters. V. The stamp duty on paper, parchment,
VI. The duty on houses and windows. VII. The duty on licenses for hackney coaches and chairs. VIII. The
duty on offices and pensions ............313–326 9. Part of this revenue is applied to pay the
interest of the national debt, till the
principal is discharged by parliament.... 326 10. The produce of these several taxes were
originally separate and specific funds, to answer specific loans upon their respectire credits, but are now consolidated by parliament into three principal funds, the aggregate, general, and South-Sea funds, to answer all the debts of the nation: the public faith being also superadded, to supply deficiencies and strengthen the security of the whole .......
829 11. The surpluges of these funds, after
paying the interest of the national debt,
are carried together, and denominated the sinking fund; which, unless otherwise appropriated by parliament, is annually to be applied towards paying off some part of the principal.........
Page 330 12. But, previous to this, the aggregate fund is now charged with an annual sum for the civil list; which is the immediate proper revenue of the crown, settled by parliament on the king at his accession, for defraying the charges of civil government ................................................. 33C
CHAPTER IX. OF SUBORDINATE MAGISTRATES.......... 338 to 365 1. Subordinate magistrates, of the most ge
neral use and authority, are, I. Sheriffs. II. Coroners. III. Justices of the peace. IV. Constables. V. Surveyors of the high
ways. VI. Overseers of the poor...... 338–339 2. The sheriff is the keeper of each county,
annually nominated in due form by the king; and is (within his county) a judge, a conservator of the peace, a ministerial officer, and the king's bailiff ....
339 3. Coroners are permanent officers of the
crown, in each county, elected by the freeholders; whose office it is to make inquiry concerning the death of the king's subjects, and certain revenues of the crown; and also, in particular cases, to supply the office of sheriff.......
16 4. Justices of the peace are magistrates in
each county, statutably qualified, and commissioned by the king's majesty; with authority to conserve the peace, to hear and determine felonies and other misdemeanours, and to do many other acts, committed to their charge by particular statutes
849 5. Constables are officers of hundreds and
townships, appointed at the leet, and empowered to preserve the peace, to keep watch and ward, and to apprehend offenders......
355 6. Surveyors of the highways are officers
appointed annually in every parish; to
reparation of, the public roads.............. 867 7. Overseers of the poor are officers ap
pointed annually in every parish; to relieve such impotent and employ such sturdy poor as are settled in each parish, by birth;-by parentage ;-by marriage; -or by forty days' residence, accompanied with, I. Notice. II. Renting a tenement of ten pounds' annual value. III. Paying their assessed taxations. IV. Serving an annual office. V. Hıring and serving for a year. VI. Apprenticeship for seven years. VII. Having a sufficient estate in the parish
.366 to 376 1. The people are either aliens, that is,
born out of the dominions, or allegiance, of the crown of Great Britain; or natives, that is, born within it ....
2. Allegiance is the duty of all subjects; 2. The more disciplined occasional troops
being the reciprocal tie of the people to of the kingdom are kept on foot only the prince, in return for the protection from year to year, by parliament, and, he affords them; and, in natives, this during that period, are governed by marduty of allegiance is natural and per tial law, or arbitrary articles of war, petual; in aliens, is local and temporary formed at the pleasure of the crown.. Page 413 only
.... Page 366-371 3. The maritime state consists of the offi8. The rights of natives are also natural cers and mariners of the British navy;
and perpetual: those of aliens local and who are governed by express and permatemporary only; unless they be made nent laws, or the articles of the navy, denizens by the king, or naturalized by established by act of parliament...... parliament.......
OF MASTER AND SERVANT..... .422 to 431
1. The private, economical relations of OF THE CLERGY ....
..........376 to 395
persons are those of, I. Master and ser. 1. The people, whether aliens, denizens, or vant. II. Husband and wife. III. Parent
natives, are also either clergy, that is, all and child. IV. Guardian and ward ........ 422 persons in holy orders, or in ecclesias
2. The first relation may subsist between a tical offices; or laity, which comprehends master and four species of servants, (for the rest of the nation ..
slavery is unknown to our laws :) viz. I. 2. The clerical part of the nation, thus de Menial servants, who are hired. II. Apfined, are, I. Archbishops and bishops;
prentices, who are bound by indentures. who are elected by their several chap III. Labourers, who are casually emters, at the nomination of the crown, and
ployed. IV. Stewards, bailiffs, and facafterwards confirmed and consecrated by tors; who are rather in a ministerial each other. II. Deans and chapters. III.
422 Archdeacons. IV. Rural deans. V. Par 3. From this relation result divers powers sons (under whom are included appro to the master, and emoluments to the priators) and vicars; to whom there are
427 generally requisite holy orders, presen 4. The master hath a property in the sertation, institution, and induction. VI.
vice of his servant, and must be answerCurates. To which may be added, VII. able for such acts as the servant does by Church wardens. VIII. Parish clerks and
his express or implied command............ 431 sextons........................................
OF HUSBAND AND WIFE....................433 to 442 OF THE CIVIL STATE ... ......... 396 to 407 1. The second private relation is that of 1. The laity are divisible into three states:
marriage: which includes the reciprocal civil, military, and maritime ............. 396 rights and duties of husband and wife... 133 2. The civil state, which includes all the 2. Marriage is duly contracted between nation except the clergy, the army, and
persons, I. Consenting. II. Free from the navy, (and many individuals among canonical impediments which make it them also,) may be divided into the nobi
voidable. III. Free also from the civil lity, and the commonalty..............
396 impediments,- of prior marriage ;- of 8. The' nobility are dukes, marquesses,
want of age ;-of non-consent of parents earls, viscounts, and barons. These had or guardians, where requisite ;-and of anciently duties annexed to their respect
want of reason; -either of which make ive honours; they are created either by
it totally void. And it must be celebrawrit, that is, by summons to parliament;
ted by a clergyman in due form and or by the king's letters-patent, that is, place........
433-440 by royal grant: and they enjoy many
3. Marriage is dissolved, I. By death. II. privileges exclusive of their senatorial By divorce in a spiritual court; not capacity.
a mensa et thoro only, but a vinculo matri4. The commonalty consist of knights of
monü, for canonical cause existing prethe garter, knights bannerets, baronets,
vious to the contract. III. By act of knights of the Bath, knights bachelors,
parliament, as, for adultery ..........
440 esquires, gentlernen, yeomen, tradesmen, 4. By marriage the husband and wife beartificers, and labourers........ .403-407 come one person in law; which unity is
the principal foundation of their respectCHAPTER XIII.
ive rights, duties, and disabilities........... 443
CHAPTER XVI. OF THE M:LITARY AND MARITIME STATES ... 408 to 417 OF PARENT and CHILD.....................
.... 446 to 459 1. The military state, by the standing con 1. The third, and most universal, private
stitutional law, consists of the militia of relation is that of parent and child ....... 446 each county, raised from among the peo 2. Children are, I. Legitimate; being those ple by lot, officered by the principal who are born in lawful wedlock, or landholders, and commanded by the lord within a competent time after. II. Baslieutenant ..
408 tards, being those who are not so .......... 440
3. The duties of parents to legitimate chil
dren are, I. Maintenance. II. Protec
tion. III. Education... ...............Page 447 4. The power of parents consists princi
pally in correction, and consent to marriage. Both may, after death, be delegated by will to a guardian; and the former also, living the parent, to a tutor or master.
452 6. The duties of legitimate children to
parents are obedience, protection, and maintenance.......
453 6. The duty of parents to bastards is only that of maintenance ........
458 7. The rights of a bastard are such only as
he can acquire; for he is incapable of inheriting any thing....
459 CHAPTER XVII. Or GUARDIAN AND WARD.................. 460 to 464 1. The fourth private relation is that of
guardian and ward, which is plainly derived from the preceding; these being, during the continuance of their relation, reciprocally subject to the same rights and duties.......
460 2 Guardians are of divers sorts: I. Guar
dians by nature, or the parents. II. Guardians for nurture, assigned by the ordinary. III. Guardians in socage, assigned by the common law. IV. Guardians by statute, assigned by the father's will. All subject to the superintendence of the court of Chancery
461 3. Full age in male or female, for all pur
poses, is the age of twenty-one years, (different ages being allowed for different purposes ;) till which age the person is an infant...
463 4. An infant, in respect to his tender years,
hath various privileges, and various dis-
1. Bodies politic, or corporations, which
are artificial persons, are established for preserving in perpetual succession certain rights; which, being conferred on natural persons only, would fail in process of time....
........... Page 467 2. Corporations are, I. Aggregate, consist
ing of many members. II. Sole, consisting of one person only.......
465 3. Corporations are also either spiritual,
erected to perpetuate the rights of the church; or lay. And the lay are, I. Civil; erected for many civil purposes. II. Eleemosynary ; erected to perpetuate the charity of the founder. .....
470 4. Corporations are usually erected, and
named, by virtue of the king's royal charter; but may be created by act of parliament......
472 5. The powers incident to all corporations
are, \I. To maintain perpetual succession. II. To act in their corporate ca. pacity like an individual. III. To hold lands, subject to the statutes of mortmain. IV. To have a common seal. V. To make by-laws. Which last power, in spiritual or eleemosynary corporations, may be executed by the king or the founder.......
475 6. The duty of corporations is to answer
the ends of their institution.................. 479 7. To enforce this duty, all corporations may be visited: spiritual corporations by the ordinary; lay corporations by the founder, or his representatives; viz., the civil by the king (who is the fundator incipiens of all) represented in his court of King's Bench; the eleemosynary by the endower, (who is the fundator perficiens of such,) or by his heirs or assigns.........
480 8. Corporations may be dissolved, I. By act
of parliament. II. By the natural death of all their members. III. By the surrender of their franchises. IV. By forfeiture of their charter......
THE ANALYSIS OF BOOK II.
BOOK II.-OF THE RIGHTS OF THINGS.
CHAPTER III. OF PROPERTY IN GENERAL .............. Page 2 to 14 OF INCORPOREAL HEREDITAMENTS...Page 2044 42 I. All dominion over external objects has 1. Incorporeal hereditaments are rights isits original from the gift of the Creator suing out of things corporeal, or concernto man in general ....
2 ing, or annexed to, or exercisable within, 2. The substance of things was, at first, the same.....................
20 common to all mankind; yet a temporary 2. Incorporeal hereditaments are, I. Adproperty in the use of them might even
II. Tithes. III. Commons. then be acquired and continued by occu IV. Ways. V. Offices. VI. Dignities. pancy .......
3 VII. Franchises. VIII. Corodies or pen8. In process of time a permanent property sions. IX. Annuities. X. Rents........21-41 was established in the substance, as well 3. An advowson is a right of presentation as the use, of things; which was also ori to an ecclesiastical benefice ; either ap
ginally acquired by occupancy only....... 4, 5 pendant, or in gross. This may be, I. 4 Lest this property should determine by Presentative. II. Collative. III. Donathe owner's dereliction, or death, where
...........21-23 by the thing would again become common, 4. Tithes are the tenth part of the increase societies have established conveyances, yearly arising from the profits and stock wills, and heirships, in order to continue of lands and the personal industry of the property of the first occupant; and mankind. These, by the ancient and powhere, by accident, such property becomes sitive law of the land, are due of common discontinued or unknown, the thing usu right to the parson, or (by endowment) ally results to the sovereign of the state, to the vicar; unless specially discharged,
by virtue of the municipal law.............. 9–11 I. By real composition. II. By prescrip6. But of some things, which are incapable tion, either de modo decimandi, or de non of permanent substantial dominion, there decimando
.24-31 still subsists only the same transient usu 5. Common is a profit which a man hath in fructuary property which originally sub the lands of another; being, I. Common sisted in all things.........
14 of pasture; which is either appendant,
appurtenant because of vicinage, or in CHAPTER II.
gross. II. Common of piscary. III.
Common of turbary. IV. Common of Or REAL PROPERTY; AND,
estovers, or botes..............................
32–35 Ist. OF CORPOREAL HEREDITAMENTS......16 to 18 6. Ways are a right of passing over another 1 In this property, or exclusive dominion,
86 consist the rights of things; which are, 7. Offices are the right to exercise a public, I. Things real. II. Things personal...... 16
or private, employment ...
36 2. In things real may be considered, I.
8. For dignities, which are titles of honour, Their several kinds. II. The tenures by
see Book I. Ch. XII. which they may be holden. III. The
9. Franchises are a royal privilege, or estates which may be acquired therein.
branch of the king's prerogative, subsistIV. Their title, or the means of acquiring ing in the hands of a subject ...
37 and losing them.....
10. Corodies are allotments for one's suste8. All the several kinds of things real are
nance; which may be converted into penreducible to one of these three, viz.
sions. (See Book I. Ch. VIII.) .... 40 lands, tenements, hereditaments; 11. An annuity is a yearly sum of money, whereof the second includes the first,
charged upon the person, and not upon and the third includes the first and
the lands, of the grantor.....
40 second ......
12. Rents are a certain profit issuing yearly Hereditaments, therefore, or whatever
out of lands and tenements, and are remay come to be inherited, (being the
ducible to, I. Rent-service. II. Rentmost comprehensive denomination of
charge. III. Rent-seck........... ....41-42 things real,) are either corporeal or incorporeal..
CHAPTER IV. . Corporeal hereditaments consist wholly of lands, in their largest legal sense ; OF THE FEODAL SYSTEM.......
... 44 to 68 wherein they include not only the face 1. The doctrine of tenures is derived from of the earth, but every other object of the feodal law; wbich was planted in Eusense adjoining thereto, and subsisting rope by its Northern conquerors at the either above or beneath it ..................17, 18 dissolution of the Roman empire ......... 44-45