to keep watch and ward, and to apprehend offenders 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 7. Overseers of the poor are officers ap pointed annually in every parish; io 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, 1. Notice. II. Renting a tenement of ten pounds annual value. III. Paying their assessed taxations. IV. Serving an annual office. V. Hiring and serving for a year. VI. Apprenticeship for seven years. VII. Having a sufficient estate in the parish CHAPTER X. Page 355 357 359-365 376 to 395 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 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 ivicars; 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 CHAPTER XII. OF THE CIVIL STATE 376 377-395 396 to 407 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 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 Page 396 396-402 4. The commonalty consist of knights of the garter, knights bannerets, baronets, knights of the bath, knights bachelors, esquires, gentlemen, yeomen, tradesmen, artificers, and labourers. CHAPTER XIII. 403-407 OF THE MILITARY AND MARITIME STATES 408 to 417 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 2. The more disciplined occasional troops of the kingdom are kept on foot only from year to year, by parlia ment; and, during that period, are governed by martial law, or arbitrary articles of war, formed at the pleasure of the crown 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 OF MASTER AND SERVANT 422 to 431 1. The private, economical, relations of persons are those of, 1. Master and servant. II. Husband and wife. III. Parent and child. IV. Guardian and ward 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 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. Page 433 to 442 OF HUSBAND AND WIFE 1. The second private relation is that of marriage which includes the recip rocal rights and duties of husband and wife 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 433 433-440 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 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 4. By marriage the husband and wife become one person in law; which unity is the principal foundation of their respective rights, duties, and disabili ties CHAPTER XVI. 440 442 446 to 459 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 3. The duties of parents to legitiinate children are, I. Maintenance. II. Protection. II. Education 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 5. The duties of legitimate children to parents are obedience, protection, and maintenance 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 CHAPTER XVII. 446 446 447 452 453 458 459 4 II. Guardians for nurture, assigned by the ordinary. I. 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 3. Full age in male or female, for al purposes, is the age of twenty-one years (different ages being allowed for different purposes); till which age the person is an infant 4. An infant, in respect to his tender years, hath various privileges, and various disabilities in law; chiefly with regard to suits, crimes, estates, and 3. Corporations are also either spiritual, 5. The powers incident to all corpora- 8. Corporations may be dissolved, I. By 472 475 479 480 484 BOOK II-OF THE RIGHTS OF THINGS. CHAPTER I. Page 2 to 14 OF PROPERTY, IN GENERAL 1. All dominion over external objects has its original from the gift of the Creator to man in general 2. The substance of things was, at first, common to all mankind; yet a temporary property in the use of them might even then be acquired and continued by occupancy 3. In process of time a permanent property was established in the substance, as well as the use of things; which was also originally acquired by Occupancy only 4. Lest this property should determine by the owner's dereliction, or death, whereby the thing would again become cominon, societies have established conveyances, wills, and heirships, in order to continue the property of the first occupant: and, where by accident such property becomes discontinued or unknown, the thing usually results to the sovereign of the state, by virtue of the municipal law 5. But of some things, which are incapable of permanent substantial dominion, there still subsists only the same transient usufructuary property, which originally subsisted in all things CHAPTER II. OF REAL PROPERTY, AND, 2 3 4,5 9-11 14 1st. OF CORPOREAL HEREDITAMENTS 16 to 18 2. In things real may be considered, I. 4. Hereditaments, therefore, or whatever 16 16 16 17 5. Corporeal hereditaments consist wholly of lands, in their largest legal sense; wherein they include not only the face of the earth, but every other object of sense adjoining thereto, and subsisting either above or beneath it 17, 18 CHAPTER III. OF INCORPOREAL HereditameNTS 20 to 42 1. Incorporeal hereditaments are rights issuing out of things corporeal, or concerning, or annexed to, or exercis able within, the same Page 20 2. Incorporeal hereditaments are, I. Advowsons. 11. Tithes. II. Commons. IV. Ways. V. Offices. VI. Dignities. VII. Franchises. VIII. Corodies or pensions. IX. Annuities. X. Rents 21-41 3. An advowson is a right of presenta tion to an ecclesiastical benefice; either appendant, or in gross. This may be, 1. Presentative. 11. Collative. III. Donative 21-23 4. Tithes are the tenth part of the increase yearly arising from the profits and stock of lands, and the personal industry of mankind. These, by the antient and positive law of the land, are due of common right to the parson, or (by endowment) to the vicar; unless specially discharged, 1. By real composition. II. By prescription, either de modo decimandi, or de non decimando 24-31 5. Common is a profit which a man hath in the lands of another; being, I. Common of pasture; which is either appendant, appurtenant, because of vicinage, or in gross. II. Common of piscary. II. Common of turbary. IV. Common of estovers, or botes 6. Ways are a right of passing over another man's ground 8. For dignities, which are titles of honour, see Book 1. Ch. XII. 9. Franchises are a royal privilege, or branch of the king's prerogative, subsisting in the hands of a subject 10. Corodies are allotments for one's sustenance; which may be converted into pensions. (See Book I. Ch. VII.) 11. An annuity is a yearly sum of money, charged upon the person, and not upon the lands, of the grantor 12. Rents are a certain profit issuing yearly out of lands and tenements; and are reducible to, I. Rent-service. 11. Rent-charge. III. Rent-seck aids, primer seisin, and fines for 4. Pure villenage was a precarious and 58 5. From hence, by tacit consent or en- 48-53 61 to 77 1. The distinction of tenures consisted in the nature of their services: as, I. Chivalry, or knight-service; where the service was free, but uncertain. II. Free socage; where the service was free, and certain. III. Pure villenage; where the service was base, and uncertain. IV. Privileged villenage, or villein socage; where the service was base, but certain 61-78 62 2. The most universal antient tenure was that in chivalry, or by knightservice; in which the tenant of every knight's fee was bound, if called upon, to attend his lord to the wars. This was granted by livery, and perfected by homage and fealty; which usually drew after them suit of court 3. The other fruits and consequences of the tenure by knight-service were, I. Aid. II. Relief. III. Primer seisin. IV. Wardship. V. Marriage. VI. Fines upon alienation. VII. Escheat 63-72 4. Grand serjeanty differed from chivalry principally in its render, or service; and not in its fruits and consequences 5. The personal service in chivalry was at length gradually changed into pecuniary assessments, which were called scutage or escuage 6. These military tenures (except the services of grand serjeanty) were, at the restoration of King Charles, totally abolished, and reduced to free socage, by act of parliament CHAPTER VI. 73 6. These are subject, like socage lands, to services, relief, and escheat; and also to heriots, wardship, and fines upon descent and alienation 7. Privileged villenage, or villein socage, is an exalted species of copyhold tenure, upon base but certain, services; subsisting only in the antient de mesnes of the crown; whence the tenure is denominated the tenure in antient demesne 8. These copyholds, of antient demesne, have divers inmunities annexed to their tenure; but are still held by copy of court roll, according to the custom of the manor, tnough not at the will of the lord 9. Frankalmoign is a tenure by spiritual services at large; whereby many ecclesiastical and eleemosynary corpora tions now hold their lands and tenements: being of a nature distinct from tenure by divine service in certain CHAPTER VII. ANCE Page 86-89 93 95 97 99 100 101 OF FREEHOLD ESTATES OF INHERIT. 103 to 117 1. Estates in lands, tenements, and hereditaments, are such interest as the tenant hath therein; to ascertain which, may be considered, I. The quantity of interest. II. The time of enjoyment. III. The number and connexions of the tenants 103 to 119 74 2. Estates, with respect to their quantity of interest, or duration, are either freehold, or less than freehold 77 3. A freehoid estate, in lands, is such as is created by livery of scisin at com. mon law or, in tenements of an incorporeal nature, by what is equiva lent thereto 4. Freehold estates are either estates of inheritance, or not of inheritance, viz. for life only and inheritances are, I. Absolute, or fee-simple. II. Limited fees 104 104 78 104. 81 |