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CHAP. IV. Of the King's Royal Family.

1. WHAT is the first and most considerable branch of the king's royal family regarded, by the laws of England? 218.

2. What are the three kinds of queens? 218. 3. What are the powers, prerogatives, rights, dignities, and duties of the first kind of queen? 218, 222.

4. What are the prerogatives of the second kind of queen above other women? 218, 219. 5. In what does her revenue consist? 219-222. 6. What are the privileges of the third kind of queen? 223.

7. How are the Prince of Wales or heir apparent to the crown, and his royal consort, and the princess royal or eldest daughter of the king, regarded by the laws? 223.

8. How are the rest of the royal family regarded by the laws? 224-226.

9. Does the law make any distinction between the king's children and his grandchildren? 225. 10. What is enacted by statute 12 Geo. III. c. 11 as to the capability of the descendants of the body of king Geo. II. to contract matrimony? 226.

CHAP. V. Of the Councils belonging to the King. 1. WHAT are the four councils which the law has assigned to advise with the king? 227-230. 2. By whom are privy counsellors created? 230.

3. What are the qualifications of a privy counsellor? 230.

4. What are the duties of a privy counsellor ? 230, 231.

5. What is the power of the privy council? 231, 232.

6. What are the privileges of a privy counsel

lor? 232.

7. How may the privy council be dissolved, and what is enacted as to its dissolution by statute 6 Anne, c. 7? 232.

CHAP. VI. Of the King's Duties.

1. WHAT are the principal duties of the king; and what is expressly declared on this subject by statute 12 & 13 W. III. c. 2? 233, 234, 236. 2. By what contract is he bound to execute these duties? 235.

3. Upon what principle is the duty of protection impliedly as much incumbent upon the sovereign before coronation as after? 236.

4. With respect to the king's duty to maintain the established religion, what is done by the act of union, 5 Anne, c. 8? 236.

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in case the crown should invade their rights by
private injury? 243.

vasion by public oppression? 244.
7. What remedy have they in case of such in-

8. Should any king endeavour to subvert the
between him and the people, violate the funda-
constitution by breaking the original contract
mental laws, and withdraw himself out of the
cumstances amount? 245.
kingdom, to what would this conjunction of cir-

the king's dignity consists? 245.
9. What is the second legal attribute in which

10. What is the meaning of that attribute? 246.

11. What else does the law determine in pursuance of this principle? 247, 248.

12. What is the third legal attribute of the king's dignity? 249.

13. In what does the king's authority consist?


14. How has Locke defined prerogative? 252. 15. What are the king's five principal rights or prerogatives, as representative of the people, with regard to foreign concerns? 253, 257-259.

16. How are the rights, powers, duties and privi ege of ambassadors determined? 253. 11 What are some of these privileges? 258, 254, 256.

18. When are letters of marque and reprisal granted? 258.

19. What does magna carta declare respecting foreign merchants? 260.

20. What are the king's six rights or preroga tives, and in what six characters is he considered, in domestic affairs? 261, 262, 266, 271, 273, 279.

21. What five powers has the king, considered as generalissimo within the kingdom? 262-265.

22. What, by statute 4 Hen. IV. c. 20, is the penalty for landing elsewhere than at the "great ports" of the sea? 264.

23. Who, by statute 8 Eliz. c. 13, are em powered to set up beacons or sea-marks; and what is the penalty for taking down any knowr sea-mark? 265.

24. If the king by writ of ne exeat regnum prohibit a man from going abroad, or if the king send him a writ when abroad commanding his return, what is the penalty of disobedience in either case? 266.

25. To whom have our kings delegated their whole judicial power; and what is enacted, in order to maintain the dignity and independence of the judges in the superior courts, by statutes 13 W. III. c. 2, and 1 Geo. III. c. 23? 267, 268.

26. Why would it be a still higher absurdity if the king sat in judgment in criminal prosecu tions? 268.

27. Whence arises the king's prerogative of par doning offences? 268, 269.

28. What is the legal ubiquity of the king, and what follows thence? 270.

29. What force have the king's proclamations? 270.

30. Under what three articles will the king's prerogative, so far as it relates to domestic commerce, fall? 274, 276.

31. What three rights arise to the king as the head and supreme governor of the national church? 279, 280.

32. Of what does the convocation, or eccle siastical synod, in England, consist? 279, 280.

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10. Do any advantages arise to the king from military tenures? 287.

11. What was the prerogative of purveyance and pre-emption; and for what branch of revenue did what king exchange it? 287, 288.

12. What revenue did and does the king derive from wine-licenses? 288.

13. Do any profits arise to the king from his forests? 289.

14. What revenue does the king derive from his ordinary courts of justice; and what is enacted by statute 1 Anne, st. 1, c. 7 as to all future grants of their profits? 289, 290.

15. When is the king entitled to, and what are called, royal fish? 290.

16. What constitutes the wreck which belongs to the king? 290-292.

17. What are things jetsam, flotsam, and ligan, and to whom do they belong? 292, 293

18. What is enacted by statute 27 Edw. III. c. 13 if any ship be lost on the shore and the goods come to land; what, by the common law, if any person but the sheriff take such goods; and what is enacted to assist ships in distress by statutes 12 Anne, st. 2, c. 18, and 4 Geo. I. c. 12? 293.

19. What, if any person secrete any of such goods; and what is the offence of doing any act whereby the ship is lost or destroyed? 293, 294. 20. What is enacted by the statute 26 Geo. II. c. 19 as to plundering any vessel in distress or wrecked, and to pilfering any goods cast ashore? 294.

21. What are royal mines to which the king is entitled? 294, 295.


28. Is the law of deodands different in the case of an adult and that of a child; and why is it so? 300.

29. By whom is the deodand presented? 301.

30. Are wrecks, treasure-trove, royal fish, mines, waifs, estrays, deodands, and forfeitures now actu ally in the possession of the king? 302.

31. When does an escheat of lands to the king happen? 302.

32. What is an idiot or natural fool; and why has the king the custody of him, and of his lands as a branch of his ordinary revenue? 302-304.

33. By whom must the writ de idiota inquirendo be tried; and in what event may the king grant the profits of his lands and the custody of his person? 303.

34. What is a lunatic or non compos mentis ; and how is it declared by the statute 17 Edw. II. c. 10 that the king shall have the guardianship of such a one? 304.

35. What does the statute for regulating private mad-houses, 26 Geo. III. c. 91, enact? 304. 36. What is the method of proving a person non compos? 305.

37. Who is generally appointed committee of the lunatic's person, and who of his estate? 305. 38. What has chiefly occasioned the necessity of granting to the king his extraordinary or second kind of revenue? 306.

39. In what does this revenue consist, and by whom is it granted? 307.

40. Of what two natures are the taxes which

are raised upon the subject to feed this revenue?


41. What are the two usual taxes of the first nature? 308.

42. What were tenths and fifteenths? 308, 309. 43. What were scutages? 309, 310.

44. What were hydages and talliages? 310. 45. What were the subsidies which succeeded these last? 310-312.

46. How did ecclesiastical subsidies differ from lay ones; and what recompense was given to the beneficed clergy when they were taxed equally with the laity? 311.

47. What is the present land tax? 312, 313. 48. What is the malt tax? 313. 49. What are the eight taxes of the second nature? 313, 318, 821, 323–326.

50. What are the customs; and what were said to be the two considerations upon which this revenue (or the more antient part of it, which arose only from exports) was invested in the king? 313-318.

51. How came wool, skins, and leather to be styled the staple commodities of the kingdom?

22. What constitutes the treasure-trove which 314. belongs to the king? 295.

23. What are waifs, and when do they belong to the king? 296, 297.

24. What are estrays, and what must be done in order to vest an absolute property in them in the king? 297, 298.

25. What is one general reason why royal fish, shipwrecks, treasure-trove, waifs, and estrays should belong to the king? 298, 299.

26. What are bona confiscata, or foris-facta, and why are they vested by law in the king? 299.

27. What is a deodand, and for what purpose is it forfeited to the king? 200–302.

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52. Why cannot particularly the first of these articles be said in its original sense to be now the staple commodity of the kingdom? 314.

53. What was the hereditary duty belonging to the crown called the prisage or butlerage of wines; and for what was it exchanged? 315.

54. What were subsidies, tonnage, and poundage; and what became of the last two duties? 315, 316. 55. What is called the alien's duty? 316. 56. What is the excise duty, and wherein does it differ from the customs? 318-320. 57. What is the salt duty? 321.

58. What is the duty for the carriage of letters 321.


59. What are the stamp duties? 323. 60. What is the duty upon houses and windows? 824, 325.

61. What was hearth-money? 324.

62. What is the duty for every male servant?


63. What is the hackney-coach and chair duty? 325.

64. What is the duty on offices and pensions? 326.

65. How is the revenue first and principally ppropriated? 326.

66. What is the nature of the national debt? 326, 327.

67. Into what three principal funds are the produces of the several taxes consolidated? 329. 68. How are the surpluses of these funds disposed of? 330.

69. But for what purpose does the surplus of the aggregate fund first stand mortgaged by parliament? 331.

70. What is the amount of his present majesty's civil list? 331.

71. What are the expenses defrayed by the civil list? 332.

72. Has the power of the crown, upon the whole, been weakened or strengthened by any transactions in the last century? 334-337.

CHAP. IX.-Of Subordinate Magistrates.

1. WHAT are the six classes of subordinate magistrates of the most general use and authority? 339.

2. What is the sheriff, and by whom is he chosen? 339, 340.

3. In what one county does the office of sheriff still continue hereditary; and in what one instance is the inheritance of a shrievalty vested in a corporate body by charter ? 340.

4. What are pocket sheriffs? 342.

5. What is the duration in office of a sheriff; how can his office be determined; but what does the statute 1 Anne, st. 1, c. 8 enact as to the duration in office of all officers appointed by the king; and what is enacted as to the man who has served the office of sheriff by statute 1 Ric. II. c. 11? 342, 343.

6. What are the sheriff's four powers and duties? 343.

7. What does he do, in his judicial capacity? 843.

8. What are his rank and duty as keeper of the king's peace? 343.

9. What is he bound to do in his ministerial capacity? 344.

10. What is his business as the king's bailiff? 844.

11. What are the sheriff's inferior officers? 845.

12. What are the regulations of an undersheriff? 345.

13. What two classes of bailiffs are there; and what are the duties of each class? 345. 14. What is the business of gaolers? 346. 15. What is the coroner; how many coroners are there for each county; and by whom are they chosen? 346.

16. What is the qualification for a coroner; and how has the office been abused? 347, 348. 17. What is the duration of the office? 348.

18. What are the judicial office and power of a coroner? 348.

19. What is the ministerial office of a coroner? 349.

20. What is the custos rotulorum? 349.

21. Who are custodes or conservators pacis, virtute offici? 349, 350.

22. What is the origin of the modern justices of the peace? 351.

23. How are they appointed? 351.

24. Who are called justices of the quorum, and why are they so called? 351.

25. What are the number and qualifications of these justices? 352, 353.

26. By what five causes is the office determinable? 353.

27. What are the power, office, and duty of a justice of the peace? 353, 354.

28. What two sorts of constables are there? 355. 29. By whom are they appointed? 355, 356. 30. What are the three principal duties of all constables? 356, 357.

31. By whom are surveyors of the highways constituted? 357.

32. To what four duties has the statute now reduced their office? 358.

33. What is the origin of overseers of the poor? 359.

34. By whom are they appointed, and what are their qualifications? 360.

35. What are their two principal offices and duties? 360.

36. What are the different ways in which such a settlement in a parish as will entitle a person to relief from the overseers of the poor may be gained? 363.

37. In what case may a person be removed to his own parish, and by whom? 364.

38. What is the great cause of the inadequacy of our poor-laws? 365.

CHAP. X.-Of the People, whether Aliens, Deri

zens, or Natives.

1. WHAT is the first and most obvious division of the people? 366.

2. What is allegiance? 366. 3. What was fealty? 367.

4. What was the difference between simple and liege homage? 367.

5. For what reason, with us in England, could only the oath of fealty be taken to inferior lords, and not that of allegiance? 367.

6. What is the present oath of allegiance? 368. 7. What is the oath of supremacy? 868. 8. What is the oath of abjuration? 368.

9. By whom must this oath be taken; and to whom may it be tendered? 368.

10. To whom may the oath of allegiance be tendered? 368.

11. Does the subject owe no allegiance if he have taken no oath? 368, 369.

12. Into what two sorts or species is all alle. giance, both express and implied, distinguished by the law? 369.

13 What is the first of these kinds of allegiance? 369.

14. Can this allegiance be put off by any act of the liegeman? 369, 870

15. What is the second of these kinds of alle giance; and when does it cease to be du... 370.

16. Is it treason for any subject to practise any thing against the crown and dignity of a usurper, who may be king de facto? 370, 371.

17. Is allegiance held to be applicable further than to the political capacity of the king? 371. 18. Do the different rights of natives and aliens correspond with their different degrees of duty? 371.

19. If an alien born purchase lands in England, who is entitled to them? 372.

20. Is the case altered if the property he acquires be personal estate? 372.

21. May an alien trade or work for himself as an artificer in England? 372.

sents are necessary to make an appropriation 384, 385.

20. How may an appropriation be severed? 385, 386.

21. What is a vicar, and how is he distinguished from a parson? 388.

22. What four requisites are necessary to a parson or vicar; what is the qualification to be admitted to a benefice by statute 13 & 14 Car. II. c. 4; and what if orders, or a license to preach, be obtained by money or corrupt practices? 388, 389.

23. Upon what three accounts may the bishop refuse to institute a clerk to a parsonage or vicar

22. May an alien bring an action or make a age? 389. will? 372.

23. What if he be an alien enemy? 372. 24. In what cases is one born out of the king's dominions not an alien but a native? 373.

25. What are the children of aliens born in England? 373.

26. What is a denizen? 874,

27. What are his privileges? 374.

28. How can an alien be naturalized? 874. 29. What are the incapacities of a naturalized alien? 374.

30. How may foreign seamen be naturalized? 375.

31. How may foreign Protestants and Jews residing or serving in the American colonies be naturalized? 375.

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3. What are a clergyman's exemptions and privileges? 376, 377.

4. What are his disabilities? 377.

5. What are the eight ranks and degrees in the frame and constitution of ecclesiastical polity? 377, 382, 383, 384, 394, 395.

6. By whom is an archbishop or bishop elected: and what are the forms of such elections? 377, 379, 380.

7. What are the power and authority of an archbishop? 380.

8. What is called the archbishop's options? 381.

9. What are the privileges of the Archbishop of Canterbury? 381.

10. What are the power and authority of a bishop? 382.

11. How may archbishoprics and bishoprics become void? 382.

12. What are the offices of dean and chapter? 382

24. In the case of an action at law, brought by the patron against the bishop for refusing his clerk, what if the cause be of a temporal nature, what if of a spiritual? and what if it be minus sufficiens in literaturâ? 390.

25. What is required of a vicar, upon institution? 390.

26. What is a collation to a benefice? 391. 27. How is the ceremony of induction performed? 391.

28. What is the law as to residence by statute 21 Hen. VIII. c. 13; and what provision is made for rebuilding or repairing parsonage-houses by statute 17 Geo. III. c. 53? 392.

29. By what five means may a parson or vicar cease to be so? 392.

30. Who, by statute 21 Hen. VIII., are entitled to have a dispensation; without which in what case cannot two benefices be held together? 392.

31. What are a commenda retinere and a com

menda recipere? 393.

32. What is a curate? 393.

33. What is a perpetual curacy? 394. 34. What are churchwardens? 394.

35. By whom are they appointed, and what are their powers and duties? 394.

36. How are parish clerks regarded by the common law? 395.

37. By whom is the parish clerk appointed? 395.

CHAP. XII.-Of the Civil State.

1. INTO what three distinct states may the lay part of his majesty's subjects be divided? 396. 2. What does the first of these states include? 396.

3. Of what two classes does it consist? 396. 4. What are the five degrees of nobility now in use? 396.

5. What is the origin of the title of duke? 397.

6. What is the origin of the title of marquess?

13. How are ancient and modern deans elected? 397. 382.

14. How is the chapter appointed? 383. 15. How may deaneries and prebends become void? 383.

16. What is the jurisdiction of an archdeacon; and by whom is he appointed? 383.

17. What are rural deans? 884.

18. What is a parson, and to what is he entitled? 384.

19. What is an appropriated parsonage; whence is the origin of appropriations; and whose con

7. What is the origin of the title of earl? 398.

8. What is the origin of the title of viscount? 398.

9. What is the origin of the title of baron? 398.

10. Is the right of peerage territorial, or personal? 399.

11. How are peers now created; and what are the several advantages of both modes of crea tion? 400.

12. What are the privileges of peers, exclusive of their capacity as members of parliament and as hereditary counsellors of the crown? 401, 402. 13 In what cases has a peeress a right to be tried by peers? 401.

14. How may a peer lose his nobility? 402. 15. Into what eleven degrees are the commonalty divided? 403-407.

16. By whom was the order of the garter instituted? 403.

17. What is a knight banneret; and in what case is he entitled to rank before the younger sons of viscounts? 403.

18. For what purpose was the title of baronet instituted? and for what reason have all baronets a hand gules in a field argent added to their coat?

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CHAP. XIII.-Of the Military and Maritime States.

1. WHAT does the military state include? 408. 2. How do the laws and constitution of this kingdom look upon a soldier? 408.

3. Of what does the military state, by the standing constitutional law, consist? 412. 4. How is the militia of each county raised and officered; and where are they not compellable to march? 412.

5. How are the armies, which are esteemed necessary when the nation is engaged in war, to be looked upon? 413.

6. What is martial law, according to Sir Matthew Hale? 413.

7. If a lieutenant, or other that hath commission of martial authority, doth, in time of peace, execute any man by colour of martial law, what is his crime by magna carta? 413.

8. What does the petition of right moreover

enact as to soldiers and martial law? 413.

9. What does one of the articles of the bill of rights say as to standing armies? 413.

10. In what case are standing armies, ipso facto, disbanded at the expiration of every year? 414. 11. What does Baron Montesquieu declare to be necessary to prevent the executive power from being able to oppress by its armies? 414.

12. How are our armies governed? 414, 415. 13. What reform in the mutiny act does the commentator recommend? 415, 416.

14. But in what cases has the humanity of our standing laws put soldiers in a better condition than other subjects? 417.

15. Of what does the maritime state consist? 418.

16. What are called the laws of Oleron? 418. 17. How has the law, from necessity, provided for the supply of the royal navy with seamen ?


18. How is it proved that the king has the power of impressing seafaring men for the seaservice? 419, 420.

19. Who are privileged from bemg impresses at common law? 420.

20. How else has the law provided for the in crease of seamen and manning the royal navy ? 420.

21. How is the navy governed; wherein does that method of government differ from that of the army; and whence is it most probable the difference arose? 420, 421.

22. What are the privileges conferred on sailors? 421.

CHAP. XIV.-Of Master and Servant.

1. WHAT are the three great private economical relations of persons? 422.

2. What is the fourth private economical relation consequent upon the failure of the third by the death of one of the parties? 422.

3. Can slavery subsist in England? 423, 424. 4. Can slavery subsist anywhere consistently with reason and the principles of natural law; and why are the three origins of the right of slavery assigned by Justinian built upon false foundations? 423.

5. What is the first sort of servants acknowledged by the laws of England? 425.

6. If the hiring of such servant be general, for what period does the law construe it to be? 425.

7. Who are compellable by two justices to go out to service in husbandry, or certain specific trades, for the promotion of honest industry? 425.

8. What are the second species of servants called? 426.

9. Who are compellable by two justices to take the children of poor persons as apprentices? 426. 10. What are the third species of servants, and for what term are they hired? 426.

11. How are they regulated? 427.

12. What is the fourth species of servants, being rather in a superior, or ministerial, capacity? 427.

13. What does a person gain by service for a year, or apprenticeship under indentures? 427.

14. What does a person gain by serving seveA years as apprentice to a trade? 427.

15. Are apprenticeships requisite for every trade and for trading everywhere? 428.

16. Is an actual apprenticeship to a trade for seven years necessary to entitle a person to exercise that trade? 428.

17. May a master, or master's wife, correct his apprentice or his servant? 428.

18. What if a servant assault his master or his master's wife? 428.

19. What may a master do towards others on behalf of his servant? 429.

20. What does the law call maintenance? 429. 21. What may a servant do towards others on behalf of his master? 429, 430.

22. In what case is the master answerable for the act of the servant? 429, 430.

CHAP. XV.-Of Husband and Wife.

1. WHAT is the second private economical relation of persons? 433.

2. In what light does the law consider marriage? 483.

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