call'd; which is the making or constituting a new Species of Things from Materials before in my Property, as making Bricks of Clay, and Houses with them; making Cloth of Flax and Wool, and Garments thereof, &c. (4.) Tradition, by Tradition. transferring or making over the Right and Property of Things from one Man to another, as in Buying and Selling, by Donation or Gift, or any other legal Way.

BUT I cannot think this a very critical Enumeration of the several Ways of making an Acquifition or Poffeffion of the Right and Property of Things.

THE third Divifion of Things was into Corporeal and Incorporeal.

Corporeal Things are faid to be all fuch as are Things corpotangible, or that may be touched, or that fall un- real. der the external Senfe; as Raiment, Money, Land, Man, and all other Things moveable and immoveable.

Incorporeal Things are fuch as can neither be Incorporeal. Seen nor touch'd, but are Objects only of IntelleEtual Perception; as Rights and Privileges, Services, Obligation, and Ufes of Things: Concerning all which Civilians difcourfe very largely under various Titles and Questions relating to each; and every Cafe of Things Corporeal and Incorporeal is difcufs'd, explain'd, and stated according to the Tenor of Civil Right; and this is call'd the Right of Things.

THE Right of Actions is the third Object of The Right of Civil Law. Action, as Civilians define it, is no- Actions. thing but the Right of proceeding in Judgment to Action, what. obtain what is due; that is, it is a Power or Faculty of acting in fuch Ways, that a Person, in Courts of Judicature, may afk or demand of the Judge that which ought to be given or restored to him: And this Form or Process of obtaining,

or

Magna
Charta.

Of the Statute
Law.

Of the Canon
Law.

was not fo much alter'd by the Normans in Subftance as in the Names of Things; for even William the Conqueror publish'd them as the Laws of Edward the Confeffor, confirm'd and proclaim'd them to be the Laws of England, and took an Oath to keep them inviolable. In the Reign of Henry I. the old written Laws were revised, and others added to them, which together made a Summary of all the Rights and Privileges of the People of England, and was call'd the Magna Charta, or Great Charter of English Rights. This was afterwards confirm'd by King John, and again confirm'd and augmented by Henry III. and other Kings after him. Such is the Original, and from thence is derived the Body of the Common Law now in Ufe.

STATUTE LAW is that which confifts of Statutes, Alts, and Ordinances of King and Parliament; the Manner of making which has been already related. This Law provides for all Cafes wherein the Common Law is filent: And this is most properly call'd the English Law, as being made at the Defire and Request of English People.

CANON LAW. The Canons of many ancient General Councils, of many National and Provincial Synods, befides divers Decrees of the Bishop of Rome, and the Judgments of antient Fathers, had been received by the Church of England, and incorporated into one Body of Common Law; by which the always proceeded in the Exercise of her Jurifdiction, and doth ftill by virtue of the Statute 25 Hen. VIII, fo far as the faid Canons and Constitutions are not repugnant to the Holy Scriptures, the King's Preroga tive, or the Laws, Statutes, and Customs of the Realm: But this has come under fome Regulations of late by Statute Law.

MARTIAL

MARTIAL LAW; this depends upon the of the Martial King's Will and Pleafure, or his Lieutenant's, in Law. time of actual War; for on account of fudden Dangers, and cafual Emergences of War, the King useth an abfolute Power, inafmuch as his Word goes for a Law. This Sort of Law extends only to Soldiers and Mariners, hath Being only in time of War, and then and there only where the King's Army is on Foot. This Law alfo is very much regulated by Statute Law.

FOREST LAW; this confifts of Laws re- Of Foreft Law. lating to Forefts, which are peculiar and different from the Common Law. The Forest Laws are particularly exprefs'd in the Charta de Foresta, or Charter of the Foreft. All Offences committed in Forests and the Parks of Noblemen are punished with Severity; and Deer-Stealing is now made Felony, and punishable with Death.

LAW of CUSTOM. In divers Parts of Of Customs. England there are fome peculiar Cuftoms that have the Force of Common Law among the People to whom they belong: As Burrough-English, a Cu- Burroughftom peculiar to England, whereby the younger English. Son, or, in want thereof, the younger Brother is to inherit. Alfa Gavel-kind is a Cuftom pecu- Gavel-kind. liar to the People of Kent, the Privileges of which are threefold: (1.) The Male Heirs fhare all the Lands alike. (2.) The Heir at fifteen is at full Age to fell or alienate. (3.) Tho' the Father be convicted of Treason, yet the Son enjoys the Inheritance: Hence the Proverb, The Father to the Bough, and the Son to the Plough. These Privileges they received by Grant from William the Conqueror.

MOREOVER by the King's Royal Charter, By-Laws. granted to divers Cities in England, the Magiftrates have a Power to make fuch Laws as may be beneficial for the Citizens, and not repugnant

to

Magna
Charta.

Of the Statute
Law.

Of the Canon
Law.

was not fo much alter'd by the Normans in Substance as in the Names of Things; for even William the Conqueror publish'd them as the Laws of Edward the Confeffor, confirm'd and proclaim'd them to be the Laws of England, and took an Oath to keep them inviolable. In the Reign of Henry I. the old written Laws were revised, and others added to them, which together made a Summary of all the Rights and Privileges of the People of England, and was call'd the Magna Charta, or Great Charter of English Rights. This was afterwards confirm'd by King John, and again confirm'd and augmented by Henry III. and other Kings after him. Such is the Original, and from thence is derived the Body of the Common Law now in Ufe.

STATUTE LAW is that which confifts of Statutes, Acts, and Ordinances of King and Parliament; the Manner of making which has been already related. This Law provides for all Cafes wherein the Common Law is filent: And this is moft properly call'd the English Law, as being made at the Defire and Requeft of English People.

CANON LAW. The Canons of many ancient General Councils, of many National and Provincial Synods, befides divers Decrees of the Bishop of Rome, and the Judgments of antient Fathers, had been received by the Church of England, and incorporated into one Body of Common Law; by which the always proceeded in the Exercise of her Jurifdiction, and doth ftill by virtue of the Statute 25 Hen. VIII, fo far as the faid Canons and Conftitutions are not repugnant to the Holy Scriptures, the King's Preroga tive, or the Laws, Statutes, and Customs of the Realm: But this has come under fome Regulations of late by Statute Law.

MARTIAL

directly; if Profecutors appear, they have Witnefs to atteft and declare the Matter against the Prifoner. The Sheriff hath impanell'd in Readinefs an Inqueft of twelve Men call'd the Petty Jury; these are placed near the Prifoner to hear and attend the Charge, the Pleadings of the Lawyers on both Sides, and the Defence which the Prisoner can make: They also ask what Questions they please of the Witnefs; and when all the Witneffes are examined, and the Pleadings are all over, one of the Judges briefly recapitulates all that has pafs'd, putting the Jury in mind of what has been alledg'd and defended on either Side, and informing them what Points are according to Law, and what not: After which the Jury are bid to retire by themselves, an Officer being charged with them to fee that they have neither Meat, Drink, Fire, nor Candle, that they may fooner conclude their Opinions, which must be all unanimous. When they are agreed, they come back into Court, and defiring their Foreman (i. e. the first upon the Lift) may speak for them, he declares, in few Words, the Opinion of all the Jury, they being all of one Mind, or elfe to be remanded back to their Confinement till they can agree. Their Verdict in criminal Causes is guilty, or not guilty; and in civil Actions the Form is finding the Bill for the Plaintiff or Defendant.

Sentence.

WHEN a Perfon is indicted and found guilty The Manner of a Capital Crime, the Judge proceedeth to give of pronouncing Sentence according to this Form, viz. Thou N. M. haft been indicted of fuch a Felony, &c. and therefore arraign'd; thou haft pleaded not guilty, and put thyfelf upon God and thy Country; they have found thee guilty; thou haft nothing to fay for thyfelf; the Law is, Thou shalt return to the Place from whence thou cameft; from thence Rr thou