Sivut kuvina
PDF
ePub

and by whom may all local matters arising there be tried? 99.

5. How is Ireland governed? 100-104. And see Mr. Justice Christian's note (14) to this chapter. 104.

6. How are the Isles of Wight, Portland, Thanet, &c. governed? 105

7. How is the Isle of Man governed? 105, 106.

8. How are the Isles of Jersey, Guernsey, Sark, Alderney, and their appendages, governed? 106

9. How are our Plantations abroad governed? 107, 108.

10. Of what three sorts are our Colonies, with respect to their internal polity; what is the form of government in most of them; and what is declared, as to the laws of plantations, by statute 7 & 8 W. III. c. 22 and as to the subordination of the American plantations, by statute 6 Geo. III. c. 12? 108, 109.

11 But what was the King empowered to do by statute 22 Geo. III. c. 46.; and what does he acknowledge by the first article of the definitive treaty of peace and friendship between bis Britannic Majesty and the United States of America? To be answered from Mr. Justice Christian's note (28) to this chapter. 109.

12. How are any foreign dominions, which may belong to the King by hereditary descent, by purchase, or other acquisition, governed? 109, 110.

15. What part of the sea is subject to the common law, and what part to the jurisdiction of our Courts of Admiralty? 110.

14. To what two divisious is the territory of England liable? 110

15. How is the first division subdivided? 111.

16. What is a parish; how were the boundaries of parishes originally ascertained: how is the frequent intermixture of parishes one with another to be accounted for; how are some lauds extra-parochial; to whom are their tithes payable; yet what does the statute 17 Geo. II. c. 37. enact as to extra parochial waste and marsh lands, when improved and drained? 111-113

17. How is the second division subdivided?

114.

18. What was a tithing? 114.

19. What is a town now, what a city, and what a borough? 114, 115.

20. What is a hundred, what a wapentake, what a county or shire, what a lathe, what a rape, and what a trithing? 115, 116.

21. What is a county-palatine; what three counties are now of this nature; whence is the origin of their privileges; how were the powers of their owners abridged in 27 Hen. VIII.; and who are those owners now? 116 -119.

22. What is the Isle of Ely? 119.
23. What is a county-corporate? 120.

BOOK I.-OF THE RIGHTS OF PERSONS.

CHAPTER I.-Of the absolute Rights of what is enacted to the same effect by statutes 5 Edw. III. c. 9. and 28 Edw. III. c. 3. ? 13S, 134.

Individuals.

1. WHAT are the two primary and principal objects of the laws of England? 122.

2. How is the first of these objects subdivided? 122.

3. How is the second of these objects subdi. vided? 122.

4. Of what two sorts are those rights of persons, which are commanded to be observed by the municipal law? 123.

5. How are persons divided by the law? 123.

6. Of what two sorts are the rights of persons considered in their first or natural capacity? 123.

7. What does the law say, as to the absolute duties of man? 124.

8. What is political or civil liberty? 125. 9. How is political or civil liberty distinguished from natural liberty? 125.

10. How have the absolute rights of Eng. lishmen been asserted in parliament? 127, 128. 11. To what three principal or primary articles may these rights be reduced? 129.

12. In what does the first consist? 129. 15. How is an infant, in ventre sa mere, considered by the law? 130.

14. What does the law mean by duress per minas? 131.

15. What is the distinction between a civil and a natural death? 132.

16. What does magna carta say as to the personal security of a "liber horne" and

17. In what does the second absolute right of Englishmen consist? 184.

18. What is a writ of habeas corpus, and when may it be sued out? 135.

19. What does the law mean by duress of imprisonment? 136.

20. What is necessary to make an imprisonment lawful; and when is the gaoler not bound to detain the prisoner? 137.

21. Can an Englishman be restrained from leaving the kingdom? 137.

22. Can he be compelled to leave it? 137. 23. In what does the third absolute right of Englishmen consist? 138.

24. In case it would be beneficial to the public that a new road should be made through the grounds of a private person, how will the legislature compel that person to acquiesce in its being made? 139.

25. What taxes only can a subject of England be constrained to pay? 140.

26. What are the five secondary and subordinate absolute rights of Englishmen ? 141 -143.

27. What does magna carta say as to the right of every Englishman to apply to the courts of justice for redress of injuries; and what is enacted to the same effect by statutes 2 Edw III. c. 8. and 11 Ric. II. c. 10.; and what is declared by statutes 1 W. & M. st. 2. c. 2 and 16 Car. I. c. 10. (upon the dissolution of the Star Chamber? 141, 142.

28. To prevent any riot or tumult, under the pretence of petitioning for the redress of grievances, what is provided by statute 13 Car. II. st. 1. c. 5. ; but, under these regulations, what is declared by the same statute 1 W. & M.? 143

29. What is declared by the same statute as to the right of every subject to have arms for his defence? 144.

CHAP. II.

1. WHAT are the persons? 146.

Of the Parliament.

[blocks in formation]

two classes of relations of 185, 186.

2. What is the most universal public relation by which men are connected together? 146.

3. What are the two classes of magistrates? 146.

4. Into what two branches is the supreme power divided? 147.

5. Of what antiquity are parliaments? 147 -149.

6. What are the manner and time of the parliament's assembling? 150-153.

7. What do the statutes 16 Car. II. c. 1. and 6 W. & M. c. 2. enacts, as to the frequency of holding parliaments? 153.

8 What are the constituent parts of a parliament? 153.

9. What voice in making laws has each part? 154, 155.

10. Of whom do the spiritual lords consist? 155.

11. Of whom do the temporal lords consist? 157.

12. Do the lords spiritual and the lords tem. poral form two distinct estates? 156.

13. Of whom do the commons consist? 158.

14. Of what authority is the power and jurisdiction of parliament? 160-162

15. What are the disqualifications of a member of parliament? 162.

16. From what one maxim has the whole of the law and custom of parliament its orginal?

163.

17. Of what extent are the privileges of parliament? 164.

18. What are some of the more notorious privileges of either house of parliament? 164 167.

19. What are the peculiar privileges of the house of lords? 167, 168.

20. What are the peculiar privileges of the house of commons? 169, 170.

21. What are the qualifications of electors of knights of the shire? 172, 173.

22. What are the qualifications of electors of citizens and burgesses? 174, 175.

23. What are the qualifications of persons to be elected members of the house of commons? 175, 176

24. What is the method of proceeding in regard to elections, both of knights of the shire and of members for cities and boroughs? 177, 178, 180.

25 What measures are taken at elections to prevent all undue influence upon the electors; and what if any revenue officer intermeddle in elections? 178, 179.

26. What is enacted to prevent bribery and corruption at elections? 170.

31. What is an adjournment of the houses of parliament? 186.

32. What is a prorogation of the houses of parliament? 187

33. What is a dissolution of the houses of parliament? 187.

34. In what three ways may this dissolution be effected? 187-189.

35. But the calling a new parliament immediately on the inauguration of a successor to the crown being found inconvenient, and dangers being apprehended from having no parliament in being, in cases of a disputed succession, what was enacted by statutes 7 & 8 W. III. c. 15. and 6 Ann. c. 7.? 183.

36. What is the extent of time that the same parliament is allowed to sit, by the statute 1 Geo. I. st. 2. c. 38. ? 189.

CHAP. III.-Of the King and his Title.

1. In whom is the supreme executive power of this kingdom lodged? 190.

2. Under what six distinct views may the royal person be considered? 190.

3. What is the grand fundamental maxim upon which the jus coronæ, or right of succession to the throne of these kingdoms depends?

191.

4. Does the descent of the crown correspond with the feodal path of descents, chalked out by the common law in the succession to landed estates? 193, 194.

5. Does the doctrine of hereditary right imply an indefeasible right to the throne? 195.

6. The crown being capable of being limited or transferred, does it not lose its descendible quality? 196.

7. What kings have been successively constituted the common stocks, or ancestors of the English descent? 197–217.

8 What did the convention of estates, or representative body of the nation, declare at the revolution? 211.

9. And how did they settle the succession to the throne? 214.

10. On the impending failure of the protestant line of Charles I. (whereby the throne might again have become vacant), to whom did the King and parliament extend the settlement of the crown? 216.

CHAP. IV. Of the King's Royal Family.

1. WHAT is the first and most considerable branch of the King's royal family, regarded by the laws of England? 218.

2. What are the three kinds of queens 918.

3. What are the powers, prerogatives, rights, dignities, and duties of the first kind of queen? 218, 222.

4 What are the prerogatives of the second kind of queen above other women? 218, 219. 5. In what does her revenue consist? 219 222.

6. What are the privileges of the third kind of queen? 223.

7. How are the Prince of Wales or heir ap. parent to the crown, and his royal consort, and the Princess royal, or eldest daughter of the King, regarded by the laws? 223.

8. How are the rest of the royal family regarded by the laws? 224-226.

9. Does the law make any distinction be. tween the King's children and his grand chil dren? 225.

10 What it enacted by statute 12 Geo. III c. 11 as to the capability of the descendants of of the body of King George II. to contract matrimony? 226.

CHAP. V.-Of the Councils belonging to the King.

1. WHAT are the four councils, which the Jaw has assigned to advise with the King? 227 -230.

2. By whom are privy counsellors created?

230.

3. What are the qualifications of a privy counsellor? 250.

4 What are the duties of a privy counsellor? 230, 231.

5. What is the power of the privy council? 231, 232.

6. What are the privileges of a privy counsellor? 232.

7. How may the privy council be dissolved, and what is enacted as to its dissolution, by statute 6 Ann. c. 7.? 232.

CHAP. VI. Of the King's Duties.

1. WHAT are the principal duties of the King, and what is expressly declared, on this subject, by statute 12 & 13 W. III. c. 2.? 233, 234, 236.

2. By what contract is he bound to execute these duties? 235.

3. Upon what principle is the duty of protection impliedly as much incumbent upon the Sovereign before coronation as after? 236

4. With respect to the King's duty to maintain the established religion, what is done by the act of union, 5 Ann. c. 8.? 236.

CHAP. VII-Of the King's prerogative.

1. WHAT is usually understood by the word prerogative? 239.

2. What are the two species of prerogative, and how are they defined? 239, 240.

2. Into what three kinds may the first species of prerogative be divided? 240.

4. What is the first attribute the law ascribes to the King, in which his dignity consists? 241.

5. What is the difference between a king and an emperor? 242.

6. What remedy have the subjects of Eng

land, in case the crown should invade their rights by private injury? 243.

7. What remedy have they, in case of such invasion by public oppression? 244.

8. Should any King endeavour to subvert the constitution, by breaking the original contract between him and the people, violate the fundamental laws, and withdraw himself out of the kingdom, to what would this conjunction of circumstances amount? 245.

9. What is the second legal attribute in which the King's dignity consists? 245.

10 What is the meaning of that attribute?

246.

11. What else does the law determine, in pursuance of this principle? 247, 248.

12. What is the third legal attribute of the King's dignity? 249.

13. In what does the King's authority consist? 250.

14. How has Locke defined prerogative?

252.

15. What are the King's five principal rights or prerogatives, as representative of the people with regard to foreign concerns? 253.257 -259.

16. How are the rights, powers, duties, and privileges of ambassadors determined?

253.

17. What are some of these privileges? 253, 254, 256.

18. When are letters of marque and reprisal granted? 258.

19. What does magna carta declare respecting foreign merchants? 260.

20. What are the King's six rights or prerogatives, and in what six characters is he considered, in domestic affairs? 261, 262. 266. 271. 273. 279.

21. What five powers has the King, considered as generalissimo within the kingdom? 262 -265

22. What, by statute 4 Hen. IV. c. 20., is the penalty for landing elsewhere than at the great ports" of the sea? 264.

[ocr errors]

33. Who, by statute 8 Eliz. c. 13., are empowered to set up beacons or sea-marks; and what is the penalty for taking down any known sea mark? 265.

24. If the King by writ of ne exeat regnum, prohibit a nian from going abroad, or if the King send him a writ when abroad commanding his return, what is the penalty of disobedience in either case? 266.

25. To whom have our kings delegated their whole judicial power; and what is enacted in order to maintain the dignity and independence of the judges in the superior courts, by statutes 13 W. III. c. 2. and i Geo. III. c. 23.? 267, 268.

26. Why would it be a still higher absurdity if the King sat in judgment in criminal prosecutions? 268

27. Whence arises the King's prerogative of pardoning offences? 268, 269.

28 What is the legal ubiquity of the King, and what follows thence? 270.

29. What force have the King's proclamations? 270.

30. Under what three articles will the King's prerogative, so far as it relates to domestic commerce, fall? 274. 276.

31. What three rights arise to the King,

[merged small][merged small][ocr errors][merged small][merged small]

10. Do any advantages arise to the King from military tenures? 287.

11. What was the prerogative of purveyance and pre-emption; and for what branch of revenue did what King exchange it? 287, 288.

12. What revenue did and does the King derive from wine-licences? 288.

13. Do any profits arise to the King from his forests? 289.

14. What revenue does the King derive from his ordinary courts of justice, and what is enacted by statute 1 Ann. st. 1. c. 7., as to all future grants of their profits? 289, 200.

15. When is the King entitled to, and what are called, royal fish? 290.

16. What constitutes the wreck which belongs to the King? 290–292.

17. What are things jetsam, flotsam, and ligan, and to whom do they belong? 292, 293.

18. What is enacted, by statute 27 Edw. III. c. 18., if any ship be lost on the shore, and the goods come to land; what, by the common law, if any person but the sheriff take such goods; and what is enacted to assist ships in distress, by statutes 12 Ann. st. 2. c. 18. and 4 Geo. I. c. 12? 293.

19. What if any person secrete any of such goods; and what is the offence of doing any act whereby the ship is lost or destroyed? 298, 294.

20. What is enacted by the statute 26 Geo. II. c. 19. as to plundering any vessel in distress or wrecked, and to pilfering any goods cast ashore? 294.

21. What are royal mines, to which the King is entitled? 294, 295.

22. What constitutes the treasure-trove, which belongs to the King? 295.

23. What are waifs, and when do they be long to the King? 296, 297.

24. What are estrays, and what must be done in order to vest an absolute property in them in the King? 297, 298.

VOL. II.

25. What is one general reason why roya fish, ship-wrecks, treasure-trove, waifs and estrays, should belong to the King? 298, 299

26. What are bona confiscata, or foris-facta, and why are they vested by law in the King? 299.

27. What is a deodand, and for what purpose is it forfeited to the King? 300–302.

28. Is the law of deodands different in the case of an adult and that of a child, and why is it so? 300.

29. By whom is the deodand presented?

301.

[blocks in formation]

31. When does an escheat of lands to the King happen? 302.

32. What is an idiot or natural fool; and why has the King the custody of him and of his lands, as a branch of his ordinary revenue? 302 -304.

33. By whom must the writ de idiota inquirendo be tried; and in what event may the King grant the profits of his lands and the custody of his person? 303.

34. What is a lunatic or non compos mentis? and how is it declared by the statute 17 Edw. II. c. 10. that the King shall have the guardianship of such an one? 304.

35. What does the statute for regulating private mad-houses, 26 Geo. III. c. 91., enact? To be answered from Mr. Justice Christian's note (16) to this chapter. 304.

36 What is the method of proving a person non compos? 305.

91

37. Who is generally appointed committee of the lunatic's person, and who of his estate? 305.

38. What has chiefly occasioned the necessity of granting to the King his extraordinary, or second kind of, revenue? 306.

39. In what does this revenue consist, and by whom is it granted? 307.

40. Of what two natures are the taxes, which are raised upon the subject, to feed this revenue? S08

41. What are the two usual taxes of the first nature? 308.

42. What were tenths and fifteenths? 308, 309.

43. What were scutages? 309, 310.

44. What were hydages and talliages? 310. 45. What were the subsidies which succeeded these last? 310-312.

46. How did ecclesiastical subsidies differ from lay ones; and what recompense was given to the beneficed clergy, when they were taxed equally with the laity? $11.

47. What is the present land-tax? 312, 313.

48. What is the malt-tax? 313.

49. What are the eight taxes of the second nature? 313. 318. 321. 323–326.

50. What are the customs, and what were said to be the two considerations upon which this revenue (or the more ancient part of it, which arose only from exports) was invested in the King? 313–318.

51. How came wool, skins, and leather to

[blocks in formation]

52. Why cannot particularly the first of these articles be said. in its orginal sense, to be now the staple commodity of the kingdom? 314.

53. What was the hereditary duty belonging to the crown, called the prisage or butlerage of wines, and for what was it exchanged? 315.

54 What were subsidies, tonnage, and poundage, and what became of the last two duties? 315, 316.

55. What is called the alien's duty? 316. 56. What is the excise duty, and wherein does it differ from the customs? 318-320.

57. What is the salt duty? 321.

[blocks in formation]

11. What are the sheriff's inferior officers? 3 5.

12. What are the regulations of an undersheriff? 345.

13. What two classes of bailiffs are there; and what are the duties of each class? 345.

14. What is the business of gaolers? 346. 15. What is the coroner; how many coroners are there for each county; and by whom are they chosen? S46.

16. What is the qualification for a coroner;

58. What is the duty for the carriage of let- and how has the office been abused? 347, 348. ters? 321.

59. What are the stamp duties? 323.

GO. What is the duty upon houses and windows? 324, 325.

61. What was hearth-money? 524.

62. What is the duty for every male servant?

625.

63. What is the hackney-coach and chair duty? 325.

64. What is the duty on offices and pensions? 326.

65. How is the revenue first and principally appropriated? 326.

66. What is the nature of the national debt? 326, 327.

67. Into what three principal funds are the produces of the several taxes consolidated? 329.

68. How are the surplusses of these funds disposed of? 330.

69. But for what purpose does the surplus of the aggregate fund first stand mortgaged by parliament? 331.

70. What is the amount of His present Majesty's civil list? 331.

71. What are the expenses defrayed by the civil list? 332.

72. Has the power of the crown, upon the whole, been weakened or strengthened by any transactions in the last century? 334

337.

CHAP. IX-Of subordinate Magistrates.

1. WHAT are the six classes of subordinate magistrates of the most general use and authority? 339.

2. What is the sheriff, and by whom is he chosen? 339, 340.

3. In what one county does the office of sheriff still continue hereditary; and in what one instance is the inheritance of a shrievalty vested in a corporate body by charter? 340.

4. What are pocke: sheriffs? 342.

5. What is the duration in office of a sheriff; how can his office be determined; but what does the statute 1 Ann. st. 1 c. 8. enact, as to the duration in office of all officers appointed by the King; and what is enacted as to the man who has served the office of sheriff, by statute 1 Ric II. c. 11.? 342, 343.

6. What are the sheriff's four powers and duties? 345.

7. What does he do, in his judicial capacity? 313.

17. What is the duration of the office? 343.

18. What are the judicial office and power of

a coroner? 348.

19. What is the ministerial office of a coroner? 349.

20 What is the custos rotulorum? 349. 21. Who are custodes or conservatores pacis, virtute officii? 349, 350.

22. What is the origin of the modern justices of the peace? 351.

23. How are they appointed? 351. 24. Who are called justices of the quorum, and why are they so called? 351.

25. What are the number and qualifications of these justices? 352, 353.

26 By what five causes is the office determinable? 353.

27. What are the power, office, and duty of a justice of the peace? 353, 354.

28. What two sorts of constables are there?

[blocks in formation]

30. What are the three principal duties of all contables? 356, 357.

31 By whom are surveyors of the highways constituted? 357.

32. To what four duties has the statute now reduced their office? 358.

33. What is the origin of overseers of the poor? 359.

34. By whom are they appointed, and what are their qualifications? 360.

35. What are their two principal offices and duties? 360.

36. What are the different ways in which such a settlement in a parish, as will entitle a person to relief from the overseers of the poor, may be gained? 363.

37. In what case may a person be removed to his own parish, and by whom? 364.

38. What is the great cause of the inadequacy of our poor-laws? 365.

CHAP. X-Of the People, whether Aliens, Denizens, or Natives.

1. WHAT is the first and most obvious division of the people? 366.

2. What is allegiance? 366. 3. What was fealty? 367.

4. What was the difference between simple and liege homage? 367.

5. For what reason, with us in England, could

« EdellinenJatka »