only the oath of fealty be taken to inferior lords, and not that of allegiance? 367. 6. What is the present oath of allegiance 368. 7. What is the oath of supremacy? 368. 8. What is the oath of abjuration? 368. 9. By whom must this oath be taken? and to whom may it be tendered? 368. 10 To whom may the oath of allegiance be tendered? 368. 11. Does the subject owe no allegiance, if he have taken no oath? 368, 369. 12. Into what two sorts or species, is all allegiance, both express and implied, distinguished by the law? 369. 13. What is the first of these kinds of allegiance? 369. 14. Can this allegiance be put off by any act of the liegeman? 369, 370 15. What is the second of these kinds of allegiance; and when does it cease to be due? $70. 16. Is it treason for any subject to practise any thing against the crown and dignity of an usurper, who may be King de facto? 370, 17. Is allegiance held to be applicable further than to the political capacity of the King? 371. 371. 18. Do the different rights of natives and aliens correspond with their different degrees of duty? 371. 19 If an alien born purchase lands in England, who is entitled to them? 372. 20. Is the case altered, if the property he acquires be personal estate? 372. 21. May an alien trade or work for himself as an artificer in England? 372 22. May an alien bring an action, or make a will? 372. 23. What if he be an alien enemy? 372. 24. In what cases is one born out of the King's dominions not an alien, but a native? 7. What are the power and authority of an archbishop? 380. 8. What is called the archbishop's options? 381. 9. What are the privileges of the Archbishop of Canterbury? 381. 10. What are the power and authority of a Dishop? 382. 11. How may archbishopricks and bishop ricks become void? 382. 382 12. What are the offices of dean and chapter? 13 How are ancient and modern deans elected? 382. 14. How is the chapter appointed? 383. 15. How may deaneries and prebends become void? 383. 16. What is the jurisdiction of an archdeacon; and by whom is he appointed? 383. 17 What are rural deans? 384. 18 What is a parson, and to what is he en. titled? 384. 19. What is an appropriated parsonage; whence is the origin of appropriation; and whose consents are necessary to make an appropriation? 584. 385. 20. How may an appropriation be severed? 385, 386. 21. What is a vicar, and how is he distinguish ed from a parson? 388. 22. What four requisities are necessary to a parson or vicar; what is the qualification to be admitted to a benefice by statute 13 & 14 Car. II. c. 4.; and what if orders, or a licence to preach be obtained by money or corrupt practices? 388, 389. 23. Upon what three accounts may the bishop refuse to institute a clerk to a parsonage or vicarage? 389 24. In the case of an action at law, brought by the patron against the bishop, for refusing his clerk, what if the cause be of a temporal nature, what if of a spiritual, and what if it be minus sufficiens in literaturâ 390. 25. What is required of a vicar, upon institution? 390. 26. What is a collation to a benefice? 391. 27. How is the ceremony of induction per formed? 391. 28. What is the law as to residence, by statute 21 Hen VIII. c. 13.; and what provision is made for rebuilding or repairing parsonage houses, by statute 17 Geo. III. c. 53. 392.; and see Mr. J. Christian's note to this chapter. 29. By what five means may a parson or vicar cease to be so? 392 30. Who, by statute 21 Hen. VIII., are entitled to have a dispensation, without which in what case cannot two benefices be held together? 392. 31. What are a commenda retinere and a commenda recipere? 393. 32. What is a curate? 393. 33 What is a perpetual curacy? 394. 34 What are churchwardens? 394. 35. By whom are they appointed, and what are their powers and duties? 594. 39. How are parish clerks regarded by the common law? 395. 37. By whom is the parish clerk appointed? 395. 7. What is the origin of the title of earl? 398 8 What is the origin of the title of viscount? 398. 9. What is the origin of the title of baron? 398. 10. Is the right of peerage territorial or personal? 399. 11. How are peers now created, and what are the several advantages of both modes of creation? 400. 12. What are the privileges of peers, exclusive of their capacity as members of parliament, and as hereditary counsellors of the crown? 401, 402. 13. In what cases has a peeress a right to be tried by peers? 401. 14. How may a peer lose his nobility? 402. 15. Into what eleven degrees are the commonalty divided? 403-407. 16. By whom was the order of the garter instituted? 403. 17. What is a knight banneret, and in what case is he entitled to rank before the younger sons of viscounts? 403. 18. For what purpose was the title of baron et instituted; and for what reason have all baronets a hand gules in a field argent added to their coat? 403. 19. Why are knights of the bath so called? 404. 20. Whence is the origin of a knight bachelor? 404. 21. Who are esquires? 406. 22. Who are gentlemen? 406. 23. Who are yeomen? 406. 24. What are the rest of the commonalty? 407. CHAP. XIII.-Of the Military and Maritime States. 1. WHAT does the military state include? 408 2. How do the laws and constitution of this kingdom look upon a soldier? 408. 3. Of what does the military state, by the standing constitutional law, consist? 412. 4. How is the militia of each county raised and officered; and where are they not compellable to march? 412. 5. How are the armies, which are esteemed necessary, when the nation is engaged in war, to be looked upon? 413. 6. What is martial law, according to Sir Mat thew Hale? 413. 7. If a lieutenant or other, that hath com mission of martial authority, doth, in time of peace, execute any man by colour of martial law, what is his crime by magna carta? 413 8. What does the petition of right moreover enact as to soldiers and martial law? 413 What does one of the articles of the bill of rights say as to standing armies? 413. 10. In what case are standing armies, ipso facto, disbanded at the expiration of every year? 414. 11. What does Baron Montesquieu declare to be necessary to prevent the executive power from being able to oppress by its armies? 414. 12. How are our armies governed? 414, 4. Can slavery subsist any where, consistently with reason and the principles of natural law; and why are the three origins of the right of slavery assigned by Justinian, built upon false foundations? 423. 5. What is the first sort of servants acknowledged by the laws of England? 425. 6. If the hiring of such servant be general, for what period does the law construe it to be? 425. 7. Who are compellable by two justices to go out to service in husbandry or certain specific trades, for the promotion of honest industry? 425. 8. What are the second species of servants called? 426. 9. Who are compellable by two justices to take the children of poor persons as apprenti. ces? 426. 10. What are the third species of servants, and for what term are they hired? 426. 11. How are they regulated? 427. 12. What is the fourth species of servants, being rather in a superior, or ministerial, capa city? 427. 13. What does a person gain by service for a year, or apprenticeship under indentures? 42 7. 14. What does a person gain by serving seven years, as apprentice to a trade? 427. 15. Are apprenticeships requisite for every trade, and for trading every where? 428 16 Is an actual apprenticeship to a trade for seven years necessary to entitle a person to exercise that trade? 428. 17. May a master, or master's wife correct his apprentice or his servant? 428. 18. What if a servant assault his master or his master's wife? 428. 19. What may a master do towards others on behalf of his servant? 429. 18. What are the two kinds of divorce? 440. 19. For what cause must the first kind of di vorce be? 440. 20. For what cause must the second kind of divorce be? 440, 441. 21. In case of divorce à mensa et thoro, what does the law allow to the wife? 441. 22. What is the writ de estoveriis habendis? 441. 23. But in what case does the law allow no alimony? 442. 24. What are the legal consequences of marriage? 442. 25. For what debts of the wife is the husband liable 442, 443. 24. Is there not one case where the wife shall sue and be sued as a feme sole? 443. 27. Is there not one case where a wife by statute S Hen. VII. c. 2. can be evidence against her husband? 443. 26. What is the only deed a wife can execute? 444. 29. What restraint may a husband lay upon his wife, in case of gross misbehaviour? 444, 20. What does the law call maintenance? 445. 429. 21. What may a servant do towards others, on behalf of his master? 429, 430. 22. In what case is the master answerable for the act of the servant? 429, 430. CHAP. XV.-Of Husband and Wife. 1. WHAT is the second private œconomical relation of persons? 433. 2. In what light does the law consider marriage? 453. 3. When does the law allow the marriage contract to be good and valid? 433. 4. Of what two sorts are the disabilities to contract marriage? 434. 5. How do canonical impediments affect a marriage? 434. 6. What are the disabilities of this nature? 434. 7. What does the statute 32 Hen. VIII. c. 38 declare as to marriages? 435. 8. How do civil disabilities affect a marriage? 435. 9. What is the first of these legal disabilities? 436. 10. What is the second? 436. 12. To what penalty is that clergyman liable, who marries a couple, either without publication of banns, or without a licence? 437. CHAP. XVI.-Of Parent and Child. 1. WHAT is the third, and most universal private economical relation of persons? 446 2. Of what two sorts are children? 446. 3. Who is a legitimate child? 446. 4. What are the three legal duties of parents to legitimate children? 446. 5 In what case may the churchwardens and overseers of the parish seize the parent's rents, goods and chattels, and dispose of them towards the child's maintenance? 448. 6. In what case shall a second husband be charged to maintain his wife's child by her first husband? 448. 7. But in what case is a parent not bound to provide a maintenance for his issue? 449 8. What is the penalty on a parent's refus ing to provide a maintenance for such of his children as the law puts upon him to maintain ? 449. 9. What is enacted, if a popish or Jewish parent shall refuse to allow his protestant child a fitting maintenance? 449 10. What is the law as to disinheriting children by will? 449, 450. 11. What may a parent do for a child, as its protector, towards others? 450. 12 In what one case does the law interfere between a parent and his child, in regard to edu cation? 451. 13. From what is the power of parents over their children derived? 452. 14. What power do our laws give a parent over his child? 452, 455. 15. When does that power cease? 453. 16. Whence do the duties of children to their parents arise? 453. 17. What are those duties? 453, 454. 18. Do these duties cease upon any misbehaviour of the parent? 454. 19. Who is a bastard? 454. 20. Why is our law, on this head, superior to the Roman? 455. 21. What is a writ de ventre inspiciendo; and by whom and when may it be sued out? 456. 22. If a man dies and his widow marries again so soon, that, by the course of nature, the child of which she shall be delivered might have been begotten by either husband, which shall be the child's father? 457. 23. In what cases may children born during wedlock be bastards? 457. 24. What is the duty of parents to their bastard children? 458. 25. What is the method in which the English law provides maintenance for bastards? 458. 26. What are the rights of a bastard? 459. 27. What is the principal incapacity of a bastard? 459. 28. How may a bastard be made legitimate? 459. CHAP. XVII.-Of Guardian and Ward. 1. WHAT is the fourth private œconomical relation of persons? 460. 2. What is the first species of guardian; and who is that guardian? 461. 3. If the father assign no guardian to his daughter, under the age of sixteen years, who shall be her guardian? 461. 4. What, and who is the second species of guardian? 461. 5. What is the third species of guardian; when does it take place; upon whom does that guardianship devolve till the minor is presumed to have sufficient discretion to choose his own guardian; and at what age does that presumption take place? 461, 462. 6 What is the fourth species of guardian; how may it be appointed; and who may accept the appointment? 462. 7. What are the power and reciprocal duty of a guardian and ward? 462. 8. What is the guardian bound to do when the ward comes of age? 463. 9. Under whose control are guardians? 46S 10. What are the different ages at which male and female are competent to different purposes? 463 11. On what day is the full age of male and female completed? 463. 12 How can an infant be sued? 464. 13. How can he sue? 464. 14. At what age may an infant be capitally punished? 464. 15. What, if an infant neglect to demand his right? 465. 16. What estates may an infant aliene? 465. 17. What legal act may an infant do? 465. 18. How may an infant purchase lands? 466. 19. What deed can an infant make which is not afterwards voidable? 466. 20. How may an infant bind himself by contract? 466. CHAP. XVIII-Of Corporations. 1. WHAT are bodies politic, bodies corporate, 5. What is absolutely necessary to the erection of a corporation? 472. 6. In what sort of corporations is the King's implied consent to be found? 472. 7. What are the two methods by which the King's consent is given? 473. 8. What is necessary to the very being of a corporation? 475. 9. What are the five powers incident to all corporations? 475, 476. 10. What are those privileges and disabi lities that attend aggregate corporations, and are not applicable to such as are sole? 476, 477. 11. May either kind of corporation take goods and chattels for the benefit of themselves and their successors? 477. 12. Who have the right to give laws to ecclesiastical and eleemosynary foundations? 477. 13. What acts can aggregate corporations, that have by their constitution a head, do, during the vacancy of the headship? 478. 14. In aggregate corporations, what determines the act of the whole body; and what is enacted by statute 33 Hen. VIII. c. 27., as to any private statutes made by founders of corporations in derogation of the common law, in this particular? 478 15. How do the statutes of mortmain affect corporations? 479. 16. What is the general duty of corporations? 480. 17. How is this duty enforced? 480. 18 Who is the visitor of ecclesiastical corporations? 480. 19 Who is the visitor of lay corporations ? 480. 20 What does the law mean by the distinction of fundatio incipiens, and fundatio perficiens; and why is the King the visitor of all lay civil corporations, and the endower the visitor of all lay eleemosynary ones? 481. 21. Where shall the King exercise this his jurisdiction? 481. 22. May there not be another visitor of lay eleemosynary corporations than the founder? 482. 23. What has been long held as to the visitation of hospitals, spiritual and lay; what does the statute 14 Éliz. c. 5. direct on the subject; and by whom are all the hospitals founded by statute 39 Eliz. c. 5. to be visited? 482. 24. Are colleges lay or ecclesiastical corporations? 483. 25. To whom do the lands and tenements of a corporation revert, upon its dissolution? 484. 26. What becomes of the corporation's debts, upon its dissolution? 484. 27. By what four methods may a corporation be dissolved? 485. 28. What is an information in nature of a writ biquo warranto; and when may it be brought? 485 29. What is enacted as to the franchises of the city of London? 485. 33. What is provided against the dissolution of corporations? 485. BOOK II.-OF THE RIGHTS OF THINGS. 4. What circumstances must soon have pointed out the necessity of appropriating to individuals not the immediate use only, but the substance of the thing to be used; and how must that property have been originally acquired? 4 -9. 5. What was the origin of conveyances, wills, heirships, and escheats? 9-13. 6 But are there not some few things which are capable only of a transient usufructuary pro perty, and which must therefore still remain in common? 14. 7. And are there not other things in which a permanent property may subsist, and which yet would be frequently found without a proprietor, had not the law provided a remedy for this inconvenience? 14, 15. 20. CHAP III-Of Incorporeal Heridita ments. 1 WHAT is an incorporeal hereditament? 2. Of what ten sorts do incorporeal bereditaments principally consist? 21 3. What is an advowson? 21. S What is the difference between an adVowson appendant and an advowson in gross? 22. 5. What is an advowson presentative? 22. 6. What is an advowson collative? 22. 7. What is an advowson donative? 23 8. What are tithes, whether predial, mixed, or personal? 24. 9 To whom are they due? 28. 10. By what two means may lands be discharged from the payment o tithes? 28. 11. What is a real composition; and by what means has it grown into desuetude? 28, 29. 12. What is a modus decimandi, or modus only, as it is called? 29. 13. What six rules must be observed to make the modus good and sufficient? 30. 14 What is a rank modus? 30. 15. What is a prescription de non decimando? 31. 16 Who are personally entitled to the privi CHAP. II-Of Real Property; and, first of lege of being discharged from the payment of Corporeal Hereditaments. 1. WHAT are the objects of dominion or property, as contradistinguished from what? 16. 2. Into what two kinds are things, by the law of England, distributed? 16. 3. What is the commentator's definition of the first kind of things? 16. 4. What of the second? 16. 5. Of what three sorts or kinds, are things real usually said to consist? 16. 6. What is a tenement in law? 17. tithes? 31 17. From what original have sprung all the lands, which, being in lay hands, do at present claim to be tithe free? 32. 18. What is right of common? 32. 19. Of what four sorts does common chiefly consist? 32. 20. What is common of pasture; and of what four species does it consist? 32. 7. How does Sir Edward Coke define an he. 33. reditament? 17. 9. Does either of these kinds of things real include the other? 17. 9. Of what two kinds are hereditaments; and of what do each of those kinds consist? 17. 10. Under what general denomination may all corporeal hereditaments be comprehended? 21 What is common appendant? 33. 22. What is common appurtenant? 33. 23. What is common because of vicinage? 24. What is common in gross? 34. 25. What is called a lord of a manor's approving? 34. 35. 26. What is common of piscary? 34. 27. What is common of turbary ? 34. 28. What is common of estovers, or botes 29. What is right of way; and on what three reasons may it be grounded? 35. 36. 30. Upon what principle of law, when a man grants me a piece of ground in the middle of his field, does he, at the same time, tacitly and impliedly give me a way to come at it? 36. 31. What are offices? 36. 32. What are dignities? 37. 33. What are franchises or liberties? 37. 34. Wherein do a forest, a chace, and a park differ? 38. |