CHAPTER VIII.

OF THE KING'S REVENUE,

1. THE king's revenue is either ordinary or extraordinary. And the ordinary is, I. Ecclesiastical. II. Temporal. Page 281 2. The king's ecclesiastical revenue consists in, I. The custody of the temporalties of vacant bishopricks. II. Corodies and pensions. III. Extraparochial tithes. IV. The first fruits and tenths of benefices.

282-286

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. Waifs. XI. Estrays. XII. Forfeitures for offences, and deodands. XIII. Escheats of lands. XIV. The custody of idiots and lunatics. 286-306

4. The king's extraordinary revenue consists in aids, subsidies, and supplies, granted to him by the commons in parliament.

306

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.

308

6. A new system of taxation took place about the time of the revolution: our modern taxes are therefore, I. Annual. II. Perpetual.

308

7. The annual taxes are, I. The land tax, or the antient subsidy raised upon a new assessment. II. The malt tax, being an annual excise on malt, mum, cyder, and perry. 308-313

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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 a great variety of commodities. III. The salt duty, or excise on salt. IV. The post office, or duty for the carriage of letters. V. The stamp duty on paper, parchment, &c. VI. The duty on houses and windows. VII. The duty on licences 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 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. Page 329

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.

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.

330

CHAPTER IX.

OF SUBORDINATE MAGISTRATES.

1. SUBORDINATE magistrates, of the most general use and authority, are, I. Sheriffs. II. Coroners. III. Justices of the peace. IV. Constables. V. Surveyors of the highways. VI. Overseers of the poor.

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338-9

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 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.

346

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 misdemesnors; and to do many other acts, committed to their charge by particular statutes.

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349

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 remove annoyances in, and to direct the reparation of, the public roads.

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357

7. Overseers of the poor are officers appointed 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. Hiring and service for a year. VI. Apprenticeship for seven years. VII. Having a sufficient estate in the parish. Page 359-365

CHAPTER X.

OF THE PEOPLE, WHETHER ALIENS, DENIZENS, OR NATIVES.

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.

366

2. Allegiance is the duty of all subjects; being the reciprocal tie of the people to the prince, in return for the protection he affords them; and, in natives, this duty of allegiance is natural and perpetual; in aliens, is local, and temporary only. 366-371 3. The rights of natives are also natural and perpetual: those of aliens local and temporary only; unless they be made denizens by the king, or naturalized by parliament.

371-375

CHAPTER XI.

OF THE CLERGY.

1. THE people, whether aliens, denizens, or natives, are also either clergy, that is, all persons in holy orders, or in ecclesiastical offices; or laity, which comprehends the rest of the nation.

376

2. The clerical part of the nation, thus defined, are, I. Archbishops and bishops; who are elected by their several chapters, at the nomination of the crown, and afterwards confirmed and consecrated by each other. II. Deans and chapters. III. Archdeacons. IV. Rural deans. V. Parsons, (under whom are included appropriators) and vicars; to whom there are generally requisite, holy orders, presentation, institution, and induction. VI. Curates. To which may be added, VII. Churchwardens. VIII. Parish clerks and sextons.

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CHAPTER XII.

OF THE CIVIL STATE.

1. THE laity are divisible into three states; civil, military, and maritime. Page 396 2. The civil state, which includes all the nation except the clergy, thea rmy, and the navy; (and many individuals among them also); may be divided into the nobility, and the commonalty.

396

3. The nobility are dukes, marquesses, earls, viscounts, and barons. These had antiently duties annexed to their respective honours: they are created either by writ, that is, by summons to parliament; or by the king's letters patent, that is, by royal grant: and they enjoy many privileges, exclusive of their senatorial capacity.

396-402

4. The commonalty consists of knight of the garter, knights bannerets, baronets, knights of the bath, knights bachelors, esquires, gentlemen, yeomen, tradesmen, artificers, and labourers.

403-407

CHAPTER XIII.

OF THE MILITARY AND MARITIME STATES.

1. THE military state, by the standing constitutional law, consists of the militia of each county, raised from among the people by lot, officered by the principal landholders, and commanded by the lord lieutenant.

408

2. The more disciplined occasional troops of the kingdom are kept on foot only from year to year, by parliament; and, during that period, are governed by martial law, or arbitrary articles of war, formed at the pleasure of the crown

412

3. The maritime state consists of the officers and mariners of the British navy; who are governed by express and permanent laws, or the articles of the navy, established by act of parlia

ment.

417

CHAPTER XIV.

OF MASTER AND SERVANT.

1. THE private, economical relations of persons are those of, I. Master and servant. II. Husband and wife. III. Parent and child. IV. Guardian and ward.

422

2. The first relation may subsist between a master and four species of servants (for slavery is unknown to our laws): viz. I. Menial servants, who are hired. II. Apprentices, who are bound by indentures. III. Labourers, who are casually employed. IV. Stewards, bailiffs, and factors; who are rather in a ministerial state.

Page 423

3. From this relation result divers powers to the master, and

emoluments to the servant.

427

4. The master hath a property in the service of his servant; and must be answerable for such acts as the servant does by his express, or implied command.

431

CHAPTER XV.

OF HUSBAND AND WIFE.

1. THE second private relation is that of marriage; which in

cludes the reciprocal rights and duties of husband and wife.

433

2. Marriage is duly contracted between persons, I. Consenting. II. Free from canonical impediments, which make it voidable. III. Free also from the civil impediments, of prior marriage ;-of want of age; -- of non-consent of parents or guardians, where requisite;-and of want of reason; either of which make it totally void. And it must be celebrated by a clergyman, in due form and place.

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433-440

3. Marriage is dissolved, I. By death. II. By divorce in the spiritual court; not a mensa et thoro only, but a vinculo matrimonii, for canonical cause existing previous to the contract. III. By act of parliament, as, for adultery.

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440

4. By marriage the husband and wife become one person in law; which unity is the principal foundation of their respective rights, duties, and disabilities.

442

CHAPTER XVI.

OF PARENT AND CHILD.

1. THE third, and most universal, private relation is that of

parent and child.

2. Children are, I. Legitimate; being those who are born in lawful wedlock, or within a competent time after. II. Bastards, being those who are not so.

446

3. The duties of. parents to legitimate children are, I. Main

tenance. II. Protection. III. Education.

447