the unwritten or common law, and the written or statute law 17-20 2. The unwritten law includes, I. General customs. II. Particular customs. III. Particular laws 22 Page 63 3. General customs, or the common law properly so called, are founded upon immemorial universal usage, whereof judicial decisions are the evidence; which decisions are preserved in the public records, explained in the yearbooks and reports, and digested by writers of approved authority 68 31 4. Particular customs are those which are only in use within some peculiar districts; as gavel-kind, the customs of London, &c. 38 to 61 1. Law is a rule of action prescribed by a superior power 2. Natural law is the rule of human action, prescribed by the Creator, and discoverable by the light of reason 3. The divine, or revealed law (considered as a rule of action) is also the law of nature, imparted by God himself 4. The law of nations is that which regulates the conduct and mutual intercourse of independent states with each other. by reason and natural justice 5. Municipal or civil law is the rule of cıvıl conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong 6. Society is formed for the protection of individuals, and states or government, for the preservation of society 7. In all states there is an absolute supreme power, to which the right of lelegislation belongs; and which, by the singular constitution of these kingdoms, is vested in the king, lords, and commons 8. The parts of a law are, I. The declaratory: which defines what is right and wrong. II. The direct ry; which consists in commanding the observation of right, or prohibiting the commission of wrong. III. The remedial; or method of recovering private rights and redressing private, wrongs. IV. The vindicatory snetion of punishments for public wrongs; wherein consists the most forcible obligation of hunilaws 9 To interpret a law, we must enquire after the will of the maker: which may be collected either from the words, the context, the subject-matter, the effects and consequence, or the spirit and reason of the law 10. From the latter method of interpretation arises equity, or the correction of that wherein the law (by reason of its universality) is deficient SECTION III. 38 39 41 43 44 47 48-51 53 4 59-61 61 5. These-1. must be proved to exist; -II. must appear to be legal; that is, immemorial, continued, peaceable, reasonable, certain, compulsory, and consistent ;-III. must, when allowed, receive a strict construction 6. Particular laws are such as, by special custom, are adopted and used only in certain peculiar courts, under the superintendence and control of the common and statute law; namely, the Roman civil and canon laws 7. The written or statute laws are the acts which are made by the king, lords, and commons, in parliament; to supply the defects, or amend what is amiss, of the unwritten law 8. In order to give a more specific relief than can sometimes be had, through the generality of both the unwritten and written law, in matters of private right, it is the office of equity to interpose SECTION IV. OF THE COUNTRIES SUBJECT TO THE LAWS OF ENGLAND 74 76-79 79 86 9. 93 to 113 1. The laws of England are not received in their full extent in any other territories besides the kingdom of Eng. land, and the dominion of Wales; which have, in most respects, an entire commanion of laws 2. Scott notwithstanding the union, retains ts own municipal laws; though subject to regulation by the British parliament 3. Berwick is governed by its own local usages, derived from the Scots law, but bound by all acts of parliament 4. Ireland is a distinct subordinate kingdom, governed hy the common law of England; but not bound by modern acts of the British parliament, unless particularly named 93 95 98 99 63 to 91 6. The territory of England is divided, OF THE LAWS OF ENGLAND 1. The laws of England are of two kinds: 5. The isle of Man, the Norman isles (as Guernsey, &c.), and our plantations abroad, are governed by their own laws; but are bound by acts of the British parliament, if specially named thererein 104 100 ecclesiastically, into provinces, dio OF THE ABSOLUTE RIGHTS OF INDIVI- Page 122 to 144 122 122 1 The objects of the laws of England are, I. Rights. II. Wrongs 2. Rights are, the rights of persons, 01 the rights of things 3. The rights of persons are such as concern, and are annexed to, the persons of men: and, when the person to whom they are due is regarded, they are called (simply) rights; but, when we consider the person from whom they are due, they are then denominated duties 1. The relations of persons are, I. Pub- 2. Parliaments, in some shape, are of as 123 3. The parliament is assembled by the 4. Persons are either natural, that is, 5. The rights of natural persons are, 1. 6. The absolute rights of individuals, regarded by the municipal laws (which pay no attention to duties of the absolute kind), compose what is called political or civil liberty 7. Political or civil liberty is the natural liberty of mankind, so far restrained by human laws as is necessary for the good of society 123 123 125 129 129 8. The absolute rights, or civil liberties, 138 4. Its constituent parts are the king's 146 147 150 153-160 5. With regard to the general law of parliament; its power is absolute; each house is the judge of its own pri vileges: and all the members of either house are entitled to the privilege of speech, of person, of their domestics, and of their lands and goods 160-167 6. The peculiar privileges of the lords 7. The peculiar privileges of the com 167 1680 8. Bills are usually twice read in each 9. The houses may adjourn themselves; but the king only can prorogue the Parliament 185-187 10. Parliaments are dissolved, I. At the king's will. II. By the demise of the crown; that is, within six months after. III. By length of time, or having sat for the space of seven years 187-189 consort, or dowager CHAPTER III. Page 1. The king's councils are, I. The Parliament. II. The great council of peers. III. The judges, for matters of law. IV. The privy council 190 to 215 OF THE KING, AND HIS TITLE 1. The sureme executive power of this kingdom is lodged in a single person: the king or queen 2. This royal person may be considered with regard to, I. His title. II. His royal family. III. His councils. IV. His duties. V. His prerogative. VI. His revenue 3. With regard to his title; the crown of England, by the positive constitution of the kingdom, hath ever been descendible, and so continues 4. The crown is descendible in a course peculiar to itself 5. This course of descent is subject to limitation by Parliament 6. Notwithstanding such limitations, the crown retains its descendible quality, and becomes hereditary in the prince to whom it is limited 7. King Egbert, king Canute, and king William I., have been successively constituted the common stocks, or ancestors of this descent 8. At the revolution, the convention of estates, or representative body of the nation, declared, that the misconduct of king James II. amounted to an abdication of the government, and that the throne was thereby vacant 9 In consequence of this vacancy, and from a regard to the antient line, the convention appointed the next protestant heirs of the blood-royal of king Charles I. to fill the vacant throne, in the old order of succession; with a temporary exception, or preference, to the person of king William III. 10. On the impending failure of the protestant line of king Charles I., (whereby the throne might again have become vacant), the Parliament extended the settlement of the crown to the protestant line of king James 1. viz. to the princess Sophia of Hanover, and the heirs of her body, being protestants: and she is now the common stock, from whom the heirs of the crown must descend CHAPTER IV. 190 190 190 193 295 196 Page 227-230 2. In privy counsellors may be considered, I. Their creation. 11. Their qualifications. III. Their duties. IV. Their powers. V. Their privileges. VI. Their dissolution CHAPTER VI. OF THE KING'S DUTIES 230-232 233 to 235 OF THE KING'S PREROGATIVE 198 1. Prerogative is that special power and 213 pre-eminence, which the king hath above other persons, and of the ordinary course of law, in right of his regal dignity 237-239 2. Such prerogatives are either direct, or incidental. The incidental, arising out of other matters, are considered as they arise: we now treat only of the direct 3. The direct prerogatives regard, I. The king's dignity, or royal character. II. His authority, or regal power. III. His revenue, or royal income 214 4. The king's dignity consists in the legal attributes of, 1. Personal sove reignty. 11. Absolute perfection. III. Political perpetuity 215 218 to 224 IF THE KING'S ROYAL FAMILY The king's royal family consists, first, of the queen: who is either regnant, 218 218 223 239 240 241-249 5. In the king's authority, or regal power, consists the executive part of government 6. In foreign concerns; the king, as the representative of the nation, has the right or prerogative, 1. Of sending and receiving embassadors. II. Of making treaties. III. Of proclaiming war or peace. IV. Of issuing reprisals. V. Of granting safe-conducts 250 253-261 7. In domestic affairs; the king is, first, a constituent part of the supreme legislative power; hath a negative upon all new laws; and is bound by no statute, unless specially named therein 261 8. He is also considered as the general of the kingdom, and may raise fleets and armies, build forts, appoint havens, erect beacons, prohibit the exportation of arms and ammunition, and confine his subjects within the realm, or recall them from foreign parts 20-266 224 9. The king is also the fountain of jus tice, and general conservator of the peace; and therefore may erect courts (wherein he hath a legal ubiquity), prosecute offenders, pardon crimes, and issue proclamations 2. The queen consort is a public person; and hath many personal prerogatives and distinct revenues 3. The prince and princess of Wales, and the princess-royal, are peculiarly regarded by the law 4. The other princes of the blood-royal are only entitled to precedence CHAPTER V. OF THE COUNCILS BELONGING TO THE 227 to 232 266 10. He is likewise the fountain of honour, of office, and of privilege 11. Heisalso the arbiter of domestic commerce (not of foreign, which is regulated by the law of merchants); and is therefore entitled to the erection of public marts, the regulation of weights and measures, and the coinage or legitimation of money 12. The king is, lastly, the supreme head of the church; and, as such, convenes, regulates, and dissolves synods, nominates bishops, and receives appeals in all ecclesiastical causes CHAPTER VIII. OF THE KING'S REVENUE Page 271 273 9. Part of this revenue is applied to pay the interest of the national debt, till the principal is discharged by parlia 278 281 to 330 3. The king's ordinary temporal revenue consists in, I. The demesne lands of the crown. II. The hereditary excise; being part of the consideration for the purchase of his feodal profits, and the prerogatives of purveyance and pre-emption. III. An annual sum issuing from the duty on wine licences; 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. Waiss. XI. Estrays. XII. Forfeitures for offences, and deodands. XIII. Escheats of lands. XIV. The custody of idiots and lunatics 286-306 The king's extraordinary revenue consists in aids, subsidies, and supplies, granted to him by the commons in parliament 5. Heretofore these were usually raised by grants of the (nominal) tenth or fifteenth part of the moveables in every township; or by scutages, hydages, and talliages; which were succeeded by subsidies assessed upon individuals, with respect to their lands and goods 6. A new system of taxation took place about the time of the revolution; our modern taxes are therefore, 1. Annual. II. Perpetual The annual taxes are, I. The land tax, or the antient subsidy raised upon a new assesment. II. The malt tax, being an annual excise on malt, mum, cyder, and perry 306 308 ment 10. The produce of these several taxes were originally separate and specific funds, to answer specific loans upon their respective 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 11. The surpluses 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 326 329 330 12. But, previous to this, the aggregate fund is now charged with an annual sum for the civil list; which is the inmediate proper revenue of the crown, settled by parliament on the king at his accession, for defraying the charges of civil government 330 CHAPTER IX. OF SUBORDINATE MAGISTRATES 338 to 365 2. The sheriff is the keeper of each coun- 3. Coroners are permanent officers of the crown in each county, elected by the freeholders; whose office it is to make enquiry 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 308 4. Justices of the peace are magistrates in each county, statutably qualified, and commissioned by the king's ma jesty; with authority to conserve the peace; to hear and determine felonies, and other misdemesnors, and to do many other acts, committed to their charge by particular statutes 308-313 8. The perpetual taxes are, I. The customs, or tonnage and poundage of all merchandize exported or imported. II. The excise duty, or inland imposition, on & great variety of commodities. 5. Constables are officers of hundreds and townships, appointed at the leet, and empowered to preserve the peace, 338-9 339 346 349 1 |