19. What two connections has it with the first kind of municipal law? 86.

20. What are the ten principal rules to be observed with regard to the construction of the second kind of municipal law? 87-91.

21. For what purpose are our courts of equity established; and in what matters only are they conversant? 92.

England.

1. WHAT does the kingdom of England, by the common law, include? 93.

2. How is Wales governed; and in what particulars does it differ from the kingdom of England? 93-95.

3. How is Scotland governed; and what four observations are to be made upon the articles and act of union between England and Scotland? 95-98.

4. How is the town of Berwick-upon-Tweed governed; what writs run there; and by whom may all local matters arising here be tried? 99.

5. How is Ireland governed? 100-104. 6. How are the Isles of Wight, Portland, Thanet, &c. governed? 105.

7. How is the Isle of Man governed? 105, 106.

8. How are the Isles of Jersey, Guernsey, Sark, Alderney, and their appendages governed? 106. 9. How are our Plantations abroad governed? 107, 108.

10. Of what three sorts are our Colonies, with respect to their internal polity; what is the form of government in most of them; and what is declared, as to the laws of plantations, by statute 7 & 8 W. III. c. 22, and as to the subordination

13. What part of the sea is subject to the common law, and what part to the jurisdiction of our courts of admiralty? 110.

14. To what two divisions is the territory of England liable? 111.

15. How is the first division subdivided? 111. 16. What is a parish; how were the boundaries of parishes originally ascertained; how is the frequent intermixture of parishes one with another to be accounted for; how are some lands extra-parochial; to whom are their tithes payable; yet what does the statute 17 Geo. II. c. 37 enact as to extra-parochial waste and marsh lands, when improved and drained? 111-113.

17. How is the second division subdivided' 114.

18. What was a tithing? 114.

19. What is a town now, what a city, and what a borough? 114, 115.

20. What is a hundred, what a wapentake, what a county or shire, what a lathe, what a rape, and what a trithing? 115, 116.

21. What is a county-palatine; what three counties are now of this nature; whence is the origin of their privileges; how were the powers of their owners abridged in 27 Hen. VIII.; and who are those owners now? 116-119.

22. What is the Isle of Ely? 119. 23. What is a county corporate? 120.

CHAPTER I.-Of the Absolute Rights of Indi

viduals.

1. WHAT are the two primary and principal objects of the laws of England? 122.

2. How is the first of these objects subdivided? 122.

3. How is the second of these objects subdivided? 122.

4. Of what two sorts are those rights of persons which are commanded to be observed by the municipal law? 123.

5. How are persons divided by the law? 123. 6. Of what two sorts are the rights of persons, COLsidered in their first or natural capacity? 123. 7. What does the law say as to the absolute duties of man? 124.

8. What is political or civil liberty? 125. 9. How is political or civil liberty distinguished from natural liberty? 125.

10. How have the absolute rights of Englishmen been asserted in parliament? 127, 128. 11. To what three principal or primary articles may these rights be reduced? 129.

12. In what does the first consist? 129. 13. How is an infant, in ventre sa mer considered by the law 130.

14. What does the law mean by duress per minas? 131.

15. What is the distinction between a civil and a natural death? 132.

16. What does magna carta say as to the personal security of a " liber homo;" and what is enacted to the same effect by statutes 5 Edw. III. c. 9, and 28 Edw. III. c. 3? 183, 184.

17. In what does the second absolute right of Englishmen consist? 134.

18. What is a writ of habeas corpus, and when may it be sued out? 135.

19. What does the law mean by duress of imprisonment? 136.

20. What is necessary to make an imprisonment lawful; and when is the gaoler not bound to detain the prisoner? 137.

21. Can an Englishman be restrained from leaving the kingdom? 137.

22. Can he be compelled to leave it? 187. 23. In what does the third absolute right of Englishmen consist? 138.

24. In case it would be beneficial to the public that a new road should be made through the grounds of a private person, how will the legislature compel that person to acquiesce in its being made? 139.

26. What are the five secondary and subordinate absolute rights of Englishmen ? 141-143.

27. What does magna carta say as to the right of every Englishman to apply to the courts of justice for redress of injuries; and what is enacted to the same effect by statutes 2 Edw. III. c. 8, and 11 Ric. II. c. 10; and what is declared by statutes 1 W. and M. st. 2, c. 2, and 16 Car. I. c. 10 (upon the dissolution of the starchamber )? 141, 142.

28. To prevent any riot or tumult, under the pretence of petitioning for the redress of grievances, what is provided by statute 13 Car. II. st. 1, c. 5; but, under these regulations, what is declared by the same statute 1 W. and M.? 143. 29. What is declared by the same statute as to the right of every subject to have arms for his defence 144.

CHAP. II. Of the Parliament.

1. WHAT are the two classes of relations of persons? 146. 2. What is the most universal public relation by which men are connected together? 146. 3. What are the two classes of magistrates? 146. 4. Into what two branches is the supreme power divided? 147.

5. Of what antiquity are parliaments? 147149.

6 What are the manner and time of the parliament's assembling? 150-153.

7. What do the statutes 16 Car. II. c. 1 and 6 W. and M. c. 2 enact as to the frequency of holding parliaments? 153.

8. What are the constituent parts of a par

liament? 153.

9. What voice in making laws has each part? 154, 155

10. Of whom do the spiritual lords consist? 155.

11. Of whom do the temporal lords consist? 157.

12. Do the lords spiritual and the lords temporal form two distinct estates? 156.

13. Of whom do the commons consist? 158. 14. Of what authority is the power and jurisdiction of parliament? 160–162.

15. What are the disqualifications of a member of parliament? 162.

16. From what one maxim has the whole of the law and custom of parliament its original? 163. 17. Of what extent are the privileges of parliament? 164.

18. What are some of the more notorious privileges of either house of parliament? 164167.

19. What are the peculiar privileges of the house of lords? 167, 168.

20. What are the peculiar privileges of the house of commons? 169, 170.

21. What are the qualifications of electors of knights of the shire? 172, 173.

22. What are the qualifications of electors of citizens and burgesses? 174, 175.

23. What are the qualifications of persons to De elected members of the house of commons? 175176.

24 What is the method of proceeding in re

25. What measures are taken at electio is to prevent all undue influence upon the electors; and what if any revenue officer intermeddle in elections? 178, 179.

26. What is enacted to prevent bribery and corruption at elections? 179.

27. What if the returning officer do not return such members only as are duly elected? 180. 28. What is the method of making laws? 181185.

29. In what two ways may the royal assent t a bill be given? 184, 185.

30. Whom hath an act of parliament power to bind; how only can it be altered, amended, dispensed with, suspended, or repealed; and what is declared by the statute 1 W. and M. st. 2, c. 2 as to regal authority over laws? 185, 186.

31. What is an adjournment of the houses of parliament? 186.

32. What is a prorogation of the houses of parliament? 187.

33. What is a dissolution of the houses of parliament? 187.

34. In what three ways may this dissolution be effected? 187-189.

35. But, the calling a new parliament imme. diately on the inauguration of a successor to the crown being found inconvenient, and dangers being apprehended from having no parliament in being in cases of a disputed succession, what was enacted by statutes 7 & 8 W. III. c. 15, and 6 Anne, c. 7? 188

36. What is the extent of time that the same parliament is allowed to sit by the statute 1 Geo. I. st. 2, c. 38? 189.

1. In whom is the supreme executive power of this kingdom lodged? 190.

2. Under what six distinct views may the royal person be considered? 190.

3. What is the grand fundamental maxim upon which the jus corona, or right of succession to the throne of these kingdoms depends? 191.

4. Does the descent of the crown correspond with the feodal path of descents chalked out by the common law in the succession to landed estates? 193, 194.

5. Does the doctrine of hereditary right imply an indefeasible right to the throne? 195.

6. The crown being capable of being limited or transferred, does it not lose its descendible quality? 196.

7. What kings have been successively constituted the common stocks or ancestors of the English descent? 197-217.

8. What did the convention of estates, or repre sentative body of the nation, declare at the revolution? 211.

9. And how did they settle the succession to the throne? 214.

10. On the impending failure of the Protestant line of Charles I., (whereby the Chrone might again have become vacant,) to whom did the king and parliament extend the settlement of the rown? 216.

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.

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

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

8. Should any king endeavour to subvert the constitution by breaking the original contract between him and the people, violate the fundamental laws, and withdraw himself out of the kingdom, to what would this conjunction of cir

cumstances amount? 245.

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

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

11. What else does the law determine in pur suance 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! 250.

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 privilege of ambassadors determined? 253. 17 What are some of these privileges? 253,

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.

18. When are ietters 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 prerogstives, 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. 18, are empowered to set up beacons or sea-marks; and what is the penalty for taking down any knowi 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 18 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 ecolo

281

CHAP. VIII.-Of the King's Revenue.

Or what two kinds is the king's revenue?

2. Of what two natures is the first of these kinds of revenue? 281.

3. What revenue does the king derive from his bishoprics? 282.

4. To what is the king entitled of every bishop? 283.

5. To what tithes is the king entitled? 283,

284.

6. To what portion of all the spiritual preferments in the kingdom is the king entitled? 284. 7. What is meant by Queen Anne's bounty?

286.

8. Of what lands does the crown receive the rents and profits? 286.

9. How have the grants and leases of these lands been regulated by act of parliament? 286, 287.

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? 805. 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 308.

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, 810.

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, 823-326.

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!

VOL. II.--42

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? 310 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. 657

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?

825.

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

825.

64. What is the duty on offices and pensions? 826.

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

66. What is the nature of the national debt? 826, 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 par

liament? 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 maistrates of the most general use and authority? 839.

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? 345.

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? 848.

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 conservatores pacis, vis tute officii? 349, 350.

22. What is the origin of the modern justice 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 deter minable? 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? 860.

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, Ders

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? 368. 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 allegiance, 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 ast of the liegeman? 369, 870

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