3. With regard to his title; the crown of England, by the positive constitution of the kingdom, hath ever been descendible, and so continues

Page 190-193

193-195

195-196

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

196-197

7. King Egbert, King Canute, and King William I. have been successively constituted the common stocks, or ancestors, of this descent

197-210 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. 211-213

9. In consequence of this vacancy, and from a regard to the ancient 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.

214-216

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 I., 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 216-218

CHAPTER IV.

OF THE KING'S ROYAL FAMILY.

1. THE king's royal family consists, first, of the queen: who is either reguant, consort, or dowager.

219

2. The queen consort is a public person, and hath many personal prerogatives and distinct revenues.

219-224

3. The Prince and Princess of Wales, and the princess-royal, are peculiarly regard

ed by the law

4. The other princes of the blood-royal are only entitled to precedence

225 225

CHAPTER V.

OF THE COUNCILS BELONGING TO THE KING.

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 227-230 2. In privy counselors may be considered, I. Their creation. II. Their qualifications. III. Their duties. IV. Their powers. V. Their privileges. VI. Their dissolution 230-232

CHAPTER VI.

OF THE KING'S DUTIES.

1. THE king's duties are to govern his people according to law, to execute judgment in mercy, and to maintain the established religion 233-234 2. These are his part of the original contract between himself and the people, founded in the nature of society, and expressed in his oath at the coronation 234-235

CHAPTER VII.

OF THE KING'S PREROGATIVE.

1. PREROGATIVE is that special power and pre-eminence which the king hath above other persons, and out 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 239-240

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

Page 240-241 4. The king's dignity consists in the legal attributes of, I. Personal sovereignty. II. Absolute perfection. III. Political perpetuity

241-249

5. In the king's authority, or regal power, consists the executive part of government 250-252

6. In foreign concerns; the king, as the representative of the nation, has the right or prerogative, I. Of sending and receiving embassadors. II. Of making treaties. III. Of proclaiming war or peace. IV. Of issuing reprisals. V. Of granting safeconducts

252-261

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

261-262

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 262-266

9. The king is also the fountain of justice, and general conservator of the peace; and, therefore, may erect courts (wherein he hath a legal ubiquity), prosecute of fenders, pardon crimes, and issue proclamations

266-271 271-273

10. He is likewise the fountain of honor, of office, and of privilege 11. He is also 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

273-279 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

279-280

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 281-282 2. The king's ecclesiastical revenue consists in, I. The custody of the temporalities of vacant bishoprics. II. Corodies and pensions. III. Extra-parochial 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 feodel 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 offenses and deodands. XIII. Escheats of lands. XIV. The custody of idiots and lunatics

286-307

4. The king's extraordinary revenue consists in aids, subsidies, and supplies, granted to him by the commons in Parliament 307-308

5. 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 309 6. A new system of taxation took place about the time of the Revolution: our modern taxes are, therefore, I. Annual. II. Perpetual 309 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 309-314

8. The perpetual taxes are, I. The customs, or 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 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 licenses for hackneycoaches and chairs. VIII. The duty on offices and pensions

314-328

9. Part of this revenue is applied to pay the interest of the national debt, till the principal is discharged by Parliament.

328-329

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 329-331 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 toward paying off some part of the principal

331-332

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

332-335

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

.

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 339-346 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 346-349

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 misdemeanors; and to do many other acts committed to their charge by particular statutes

349-355

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 355-357

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 357-359 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. 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 Parlia

ment

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 afterward 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 . Page 377-395

CHAPTER XII.

OF THE CIVIL STATE.

396

1. THE laity are divisible into three states: civil, military, and maritime . 2. The civil state, which includes all the nation except the clergy, the army, 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 anciently duties annexed to their respective honors; 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 knights of the garter, knights bannerets, baronets, knights of the bath, knights bachelors, esquires, gentlemen, yeomen, tradesmen, artificers, and laborers 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. 408-413

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.

413-418 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 Parliament.

419-421

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. Laborers, who are casually employed. IV. Stewards, bailiffs, and factors, who are rather in a ministerial state 423-427 3. From this relation result divers powers to the master and emoluments to the 427-428 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 429-432

servant

CHAPTER XV.

OF HUSBAND AND WIFE.

1. THE second private relation is that of marriage, which includes 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 imped

iments, 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

. Page 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 440-442

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 442-445

CHAPTER XVI.

OF PARENT AND CHILD.

1. THE third and most universal private relation is that of parent and child 446 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. Maintenance. II. Protection. III. Education.

447-452

4. The power of parents consists principally 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

452-453

5. The duties of legitimate children to parents are obedience, protection, and main

tenance

6. The duty of parents to bastards is only that of maintenance

7. The rights of a bastard are such only as he can acquire, for he is incapable of inheriting any thing

459

CHAPTER XVII.

OF GUARDIAN AND WARD.

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. Guardians 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

461-463 3. Full age in male or female, for all purposes, is the age of twenty-one years (different ages being allowed for different purposes); till which age the person is an infant 463-464 4. An infant, in respect of his tender years, hath various privileges, and various disabilities in law; chiefly with regard to suits, crimes, estates, and contracts. 464-466

.

CHAPTER XVIII.

OF CORPORATIONS.

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

467

2. Corporations are, I. Aggregate, consisting of many members. II. Sole, consisting of one person only

469

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 temporal purposes. II. Eleemosynary; erected to perpetuate the charity of the founder

4. Corporations are usually erected, and named, by virtue of the king's royal charter; but may be created by act of Parliament

472-475

5. The powers incident to all corporations are, I. To maintain perpetual succession. II. To act in their corporate capacity like an individual. III. To hold lands, subject to the statutes of mortmain. IV. To have a common seal. V. To make by-laws;