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19. What iwc connections has it with the first of the American plantations, by statute 6 Geo. IIL kind of municipal law ? 86.

c. 12? 108, 109. 20. What are the ten principal rules to be ob- 11. But what was the king empowered to do served with regard to the construction of the by statute 22 Geo. III. c. 46; and what does he second kind of municipal law ? 87-91.

acknowledge by the first article of the dtfinitive 21. For what purpose are our courts of equity treaty of peace and friendship between bis Britanestablished; and in what matters only are they nic Majesty and the United States of America ? 109 conversant? 92.

12. How are any foreign dominions which may

belong to the king by hereditary descent, by pur SEC. IV.-Of the Courts subject to the Laws of chase, or other acquisition, governed ? 109, 110. England.

13. What part of the sea is subject to the

common law, and what part to the jurisdiction 1. What does the kingdom of England, by the of our courts of admiralty? 110. common law, include ? 93.

14. To what two divisions is the territory of 2. How is Wales governed ; and in what par- England liable ? 111. ticulars does it differ from the kingdom of Eng- 16. How is the first division subdivided : 111. land ? 93-95.

16. What is a parish; how were the bounda3. How is Scotland governed; and what four ries of parishes originally ascertained; how is observations are to be made upon the articles the frequent intermixture of parishes one witb and act of union between England and Scotland ? another to be accounted for; how are some land's 95-98.

extra-parochial; to whom are their tithes payable; 4. How is the town of Berwick-upon-Tweed yet what does the statute 17 Geo. II. c. 37 enact governed; what writs run there; and by whom as to extra-parochial waste and marsh lands, when may all local matters arising here be tried ? | improved and drained ? 111-113. 99.

17. How is the second division subdivided 6. How is Ireland governed ? 100–104. 114.

6. How are the Isles of Wight, Portland, Tha- 18. What was a tithing? 114. net, &c. governed ? 105.

19. What is a town now, what a city, and what 7. How is the Isle of Man governed ? 105, a borough? 114, 115. 106.

20. What is a hundred, what a wapentake, what 8. How are the Isles of Jersey, Guernsey, Sark, a county or shire, what a lathe, what a rape, and Alderney, and their appendages governed ? 106. what a trithing? 115, 116.

9. How are our Plantations abroad governed ! 21. What is a county-palatine; what three 107, 108.

counties are now of this nature; whence is the 10. Of what three sorts are our Colonies, with origin of their privileges; how were the powers respect to their internal polity; what is the form of their owners abridged in 27 Hen. VIII.; and of government in most of them; and what is de- who are those owners now? 116–119. clared, as to the laws of plantations, by statute 22. What is the Isle of Ely? 119. 7 & 8 W. III. c. 22, and as to the subordination 23. What is a county corporate ? 120.

BOOK I.-OF THE RIGHTS OF PERSONS.

CHAPTER I.-Of the Absolute Rights of Indi

14. What does the law mean by duresa per viduals.

minas? 131.

15. What is the distinction between a ciril 1. What are the two primary and principal and a natural death? 132. objects of the laws of England ? 122.

16. What does magna carta say as to the per 2. How is the first of these objects subdivided ? sonal security of a “liber homo;" and what is 122.

enacted to the same effect by statutes 5 Edw. 3. How is the second of these objects subdi- III. c. 9, and 28 Edw. III. c. 3? 183, 134. vided ? 122.

17. In what does the second absolute right of 4. Of what two sorts are those rights of per- Englishmen consist ? 134. sons which are commanded to be observed by the 18. What is a writ of habeas corpus, and when municipal law ? 123.

may it be sued out ? 135. 5. How are persons divided by the law? 123. 19. What does the law mean by duress of im

6. Of what two sorts are the rights of persons, prisonment ? 136. considered in their first or natural capacity? 123. 20. What is necessary to make an imprison

7. What does the law say as to the absolute ment lawful; and when is the gaoler not bound duties of man? 124.

to detain the prisoner ? 137. 8. What is political or civil liberty? 125.

21. Can an Englishman be restrained from 9. How is political or civil liberty distinguished leaving the kingdom ? 137. from natural liberty? 125.

22. Can he be corapelled to leave it ! 137. 10. How have the absolute rights of English- 23. In what does the third absolute right of men been asserted in parliament ? 127, 128. English men consist ? 138.

11. To what three principal or primary articles 24. In case it would be beneficial to the public may these rights be reduced ? 129.

that a new road should be made through tbe 12. In what does the first consist? 129. grounds of a private person, how will the legis13. How is an infant, in venire sa mer: con- lature compel that person to acquiesce in ius wdered by the law 130.

being made ? 139.

25. What taxes only can a subject of England | gard to elections, both of knights of the shi-e and de constrained to pay ? 140.

of members for cities and boroughs: 177, 178, 26. What are the five secondary and subordi. 180. date absolute rights of Englishmen? 141-143. 25. What measures are taken at eiectio is to

27. What does magna carta say as to the right prevent all undue influence upon the electors ; of every Englishman to apply to the courts of and what if any revenue officer intermeddle in justice for redress of injuries, and what en- elections ? 178, 179. acted to the same effect by statutes 2 Edw. III. 26. What is enacted to prevent bribery and c. &, and 11 Ric. II. c. 10; and what is declared corruption at elections ? 179. by statutes 1 W. and M. st. 2, c. 2, and 16 Car. I. 27. What if the returning officer do not return c. 10 (upon the dissolution of the starchamber )? such members only as are duly elected ? 180. 141, 142.

28. What is the method of making laws ? 18128. To prevent any riot or tumult, under the 185. pretence of petitioning for the redress of griev- 29. In what two ways may the royal assent t ances, what is provided by statute 13 Car. II. st. a bill be given ? 184, 185. 1, c. 5; but, under these regulations, what is 30. Whom hath an act of parliament power to declared by the same statute 1 W. and M. ? 143. bind; how only can it be altered, amended, dig

29. What is declared by the same statute as pensed with, suspended, or repealed; and what to the right of every subject to have arms for his is declared by the statute 1 W. and M. st. 2, c. 2 defence ! 144.

as to regal authority over laws ? 185, 186.

31. What is an adjournment of the houses of CHAP. II.-Of the Parliament.

parliament ? 186. 1. What are the two classes of relations of Iliament ? 187.

32. What is a prorogation of the houses of parpersons ? 146.

33. What is a dissolution of the houses of par2. What is the most universal public relation liament ? 187. by which men are connected together ? 146. 3. What are the two classes of magistrates ? 146. effected ? 187–189.

34. In what three ways may this dissolution be 4. Into what two branches is the supreme power 35. But, the calling a new parliament imme. divided? 147.

diately on the inauguration of a successor to the 5. Of what antiquity are parliaments? 147– crown being found inconvenient, and dangers 149.

being apprehended from having no parliament in 6 What are the manner and time of the par- being in cases of a disputed succession, what liament's assembling? 150–153.

was enacted by statutes 7 & 8 W. III. c. 15, and 7. What do the statutes 16 Car. II. c. 1 and 6 Anne, c. 7. 188 6 W. and M. c. 2 enact as to the frequency of 36. What is the extent of time that the same bolding parliaments ? 153. 8. What are the constituent parts of a par- 1. st. 2, c. 38 ? 189.

parliament is allowed to sit by the statute 1 Geo. liament? 153. 9. What voice in making laws has each part ?

CHAP. III.— Of the King and his Title. 164, 155

10. Of whom do the spiritual lords consist ? 1. In whom is the supreme executive power of 165.

this kingdom lodged ? 190. 11. Of whom do the temporal lords consist ? 2. Under what six distinct views may the royal 167.

person be considered ? 190. 12. Do the lords spiritual and the lords tem- 3. What is the grand fundamental maxim poral form two distinct estates? 156.

upon which the jus coronce, or right of succes13. Of whom do the commons consist? 158. sion to the throne of these kingdoms depends ?

14. Of what authority is the power and juris- | 191. diction of parliament ? 160–162.

4. Does the descent of the crown correspond 15. What are the disqualifications of a member with the feodal path of descents chalked out by of parliament ? 162.

the common law in the succession to landed es16. From what one maxim has the whole of tates ? 193, 194. the law and custom of parliament its original? 163. 5. Does the doctrine of hereditary right imply

17. Of what extent are the privileges of par- an indefeasible right to the throne? 195. liament? 164.

6. The crown being capable of beirg limited 18. What are some of the more notorious or transferred, does it not lose its descendible privileges of either house of parliament? 164-quality ? 196. 167.

7. What kings have been successively consti19. What are the peculiar privileges of the tuted the common stocks or ancestors of the Enghouse of lords ? 167, 168.

lish descent! 197-217. 20. What are the peculiar privileges of the 8. What did the convention of estates, or repre house of commons ? 169, 170.

sentative body of the nation, declare at the revo21. What are the qualifications of electors of lution ? 211. knights of the shire? 172, 173.

9. And how did they settle the succession to 22. What are the qualifications of electors of the throne ? 214. citizens and burgesses ? 174, 175.

10. On the impending failure of the Protest23. What are the qualifications of persons to ant line of Charles I., (whereby the chrone might be elected members of the house of commons ? 175– again have become vacant,) to whom did the 176.

king and parliament extend the settlement of 24 What is the method of proceeding in re. I the isown? 216.

CHAP. IV.-Of the King's Royal Family. in case the crown should invade their rights og 1. What is the first and most considerable

private injury? 243. branch of the king's royal family regarded, by vasion by public oppression. 244.

7. What remedy have they in case of such inthe laws of England ? 218.

8. Should any king endeavour to subvert the 2. What are the three kinds of queens ? 218. constitution by breaking the original contract

3. What are the powers, prerogatives, rights, between him and the people, violate the funda dignities, and duties of the first kind of queen? mental laws, and withdraw himself out of the 218, 222.

kingdom, to what would this conjunction of cir 4. What are the prerogatives of the second

cumstances amount ? 245. kind of queen above other women? 218, 219. 5. In what does her revenue consist? 219-222, the king's dignity consists ? 245.

9. What is the second legal attribute in which 6. What are the privileges of the third kind

10. What is the meaning of that attribute ! of queen? 223.

246. 7. How are the Prince of Wales or heir appa- 11. What else does the law determine in pur rent to the crown, and his royal consort, and the

suance of this principle ! 247, 248. princess royal or eldest daughter of the king, re

12. What is the third legal attribute of the gurded by the laws ? 223.

king's dignity? 249. 8. How are the rest of the royal family re

13. In what does the king's authority consist ! garded by the laws ? 224–226.

250. 9. Does the law make any distinction between

14. How has Locke defined prerogative? 252. the king's children and his grandchildren? 225.

15. What are the king's five principal rights or 10. What is enacted by statute 12 Geo. III. C. prerogatives, as representative of the people, with 11 as to the capability of the descendants of regard to foreign concerns ? 253, 257–259. the body of king Geo. II. to contract matrimony?

16. Hou are the rights, powers, duties and 226.

privilege: o ambassadors determined ? 253. CHAP. V.-Of the Councils belonging to the King.

17 What are some of these privileges ? 253,

254, 256. 1. What are the four councils which the law 16. When are ietters of marque and reprisal has assigned to advise with the king ? 227-230. granted ? 258.

2. By whom are privy counsellors created ? 19. What does magna carta declare respecting 230.

foreign merchants ? 260. 3. What are the qualifications of a privy coun

20. What are the king's six rights or prærogssellor 9 230.

tives, and in what six characters is he considered, 4. What are the duties of a privy counsellor? in domestic affairs ? 261, 262, 266, 271, 273, 279. 230, 231.

21. What five powers has the king, considered 5. What is the power of the privy council ? as generalissimo within the kingdom? 262–265. 231, 232.

22. What, by statute 4 Hen. IV. c. 20, is the 6. What are the privileges of a privy counsel- penalty for landing elsewhere than at the “great lor 232.

ports” of the sea ? 264. 7. How may the privy council be dissolved, and 23. Who, by statute 8 Eliz. c. 13, are em what is enacted as to its dissolution by statute powered to set up beacons or sea-marks; and 6 Anne, c. 7? 232.

what is the penalty for taking down any know

sea-mark? 265. CHAP. VI.- Of the King's Duties.

24. If the king by writ of ne exeat regnum pro

hibit a man from going abroad, or if the king 1. What are the principal duties of the king; send him a writ when abroad commanding his and what is expressly declared on this subject return, what is the penalty of disobedience in by statute 12 & 13 W. III. c. 2? 233, 234, 236.

either case ? 266. 2. By what contract is he bound to execute 25. To whom have our kings delegated their these duties? 235.

whole judicial power; and what is enacted, in 3. Upon what principle is the duty of pro- order to maintain the dignity and independence tection impliedly as much incumbent upon the of the judges in the superior courts, by statutes 18 sovereign before coronation as after? 236. W. III. c. 2, and 1 Geo. III. c. 23 ? 267, 268.

4. With respect to the king's duty to maintain 26. Why would it be a still higher absurdity the established religion, what is done by the act if the king sat in judgment in criminal prosecuof union, 5 Anne, c. 8? 236.

tions ? 268.

27. Whence arises the king's prerogative of par CHAP. VII.–Of the King's Prerogative.

doning offences ? 268, 269.

28. What is the legal ubiquity of the king, and 1. WHAT usually understood by the word what follows thence ? 270. prerogative ? 239.

29. What force have the king's proclamations! 2. What are the two species of prerogative, and 270. how are they defined ? 239, 240.

30. Under what three articles will the king's 3. Into what three kinds may the first species prerogative, so far as it relates to domestic comof prerogative be divided ? 240.

merce, fall? 274, 276. 4. What is the first attribute the law ascribes 31. What three rights arise to the king as the to the king in which his dignity consists ? 241. head and supreme governor of the Dational

5. What is the difference between a king and church? 279, 280. An emperor? 242.

32. Of what does the convocation, or ecolo 6. What remedy have the subjects of Englandsiastical synod, in England, consist ? 279, 280

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CHAP. VIII.-Of the King's Revenue. 28. Is the law of deodands different in the case

of an adult and that of a child; and why is it 1 Or wbat two kinds is the king's revenue? so ? 300. 281

29. By whom is the deodand presented ? 301. 2. Of what two natures is the first of these

30. Are wrecks, treasure-trove, royal fish, mines, kinds of revenue ? 281.

waifs, estrays, deodands, and forfeitures now actu 3. What revenue does the king derive from his ally in the possession of the king? 302. bishoprics ? 282.

31. When does an escheat of lands to the king 4. To what is the king entitled of every bishop? happen? 302. 283.

32. What is an idiot or natural fool; and why 5. To what tithos is tba king entitled ? 283, has the king the custody of him, and of his lands 284.

as a branch of his ordinary revenue 7 302–304. 6. To what portion of all the spiritual prefer- 33. By whom must the writ de idiota inquiwents in the kingdom is the king entitled ? 284. rendo be tried; and in what event may the king

7. What is meant by Queen Anne's bounty? grant the profits of his lands and the custody of 286.

his person? 303. 8. Of what lands does the crown receive the 34. What is a lunatic or non compos mentis ; rents and profits ? 286.

and how is it declared by the statute 17 Edw. II. 9. How have the grants and leases of these c. 10 that the king shall have the guardianship lands been regulated by act of parliament ? 286, of such a one ? 304. 287.

35. What does the statute for regulating pri10. Do any advantages arise to the king from vate mad-houses, 26 Geo. III. c. 91, enact : 304. military tenures ? 287.

36. What is the method of proving a person 11. What was the prerogative of purveyance non compos? 305. and pre-emption ; and for what branch of revenue 37. Who is generally appointed committee of did what king exchange it ? 287, 288.

the lunatic's person, and who of his estate ? 805. 12. What revenue did and does the king derive 38. What has chiefly occasioned the necessity from wine-licenses? 288.

of granting to the king his extraordinary or 13. Do any profits arise to the king from his second kind of revenue ? 306. forests? 289.

39. In what does this revenue consist, and by 14. What revenue does the king derive from whom is it granted ? 307. his ordinary courts of justice; and what is en- 40. Of what two natures are the taxes which acted by statute 1 Anne, st. 1, c. 7 as to all fu- are raised upon the subject to feed this revenue ) ture grants of their profits ? 289, 290.

308. 15. When is the king entitled to, and what are 41. What are the two usual taxes of the first called, royal fish? 290.

nature? 308. 16. What constitutes the wreck which belongs 42. What were tenths and fifteenths 3 308, 309. to the king? 290–292.

43. What were scutages ? 309, 310. 17. What are things jetsam, flotsam, and ligan, 44. What were hydages and talliages ? 310. and to whom do they belong ? 292, 293.

45. What were the subsidies which succeeded 18. What is enacted by statute 27 Edw. III. these last ? 310-312. c. 13 if any ship be lost on the shore and the 46. How did ecclesiastical subsidies differ from goods come to land; what, by the common law, lay ones; and what recompense was given to the if any person but the sheriff take such goods; beneficed clergy when they were taxed equally and what is enacted to assist ships in distress by with the laity ? 311. statutes 12 Anne, st. 2, c. 18, and 4 Geo. I. c. 47. What is the present land taz ? 312, 313. 12! 293.

48. What is the malt tar? 313. 19. What, if any person secrete any of such 49. What are the eight taxes of the second goods; and what is the offence of doing any act nature ! 313, 318, 321, 323–326. whereby the ship is lost or destroyed ? 293, 294. 50. What are the customs; and what were

20. What is enacted by the statute 26 Geo. said to be the two considerations upon which II. c. 19 as to plundering any vessel in distress this revenue (or the more antient part of it, or wrecked, and to pilfering any goods cast which arose only from exports) was invested in ashore? 291.

the king? 313-318. 21. What are royal mines to which the king is 51. How came wool, skins, and leather to be entitled ? 294, 295.

styled the staple commodities of the kingdom! 22. What constitutes the treasure-trove which 314. belongs to the king ? 295.

52. Why cannot particularly the first of thesu 23. What are waifs, and when do they belong articles be said in its original sense to be now to the king ? 296, 297.

the staple commodity of the kingdom ? 314. 24. What are estrays, and what must be done 53. What was the hereditary duty belonging in order to vest an absolute property in them to the crown called the prisage or butlerage of in the king? 297, 298.

wines ; and for what was it exchanged ? 315. 25. What is one general reason why royal 54. What were subsidies, tonnage, and poundage; fish, shipwrecks, treasure-trove, waifs, and estrays and what became of the last two duties? 315, 316 should belong to the king ? 298, 299.

55. What is called the alien's duty ? 310 26. What are bona confiscata, or foris-facta, 56. What is the excise duty, and wherein dong and why are they vested by law in the king ? it differ from the customs ? 318–320. 299.

57. What is the salt duty ? 321. 27. What is a deodand, and for what purpose 58. What is the duty for the carriage of letters! is it forfeited to the king? 300_302.

321. VOL. II.--42

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69. What are the stump duties ? 323.

18. What are the judicial office and power of 60. What is the duty upon houses and windows ? a coroner ? 348. 824, 325.

19. What is the ministerial office of a coroner I 61. What was hearth-money? 324.

349. 62. What is the duty for every male servant ? 20. What is the custos rotulorum 9 349. 825.

21. Who are custodes of conservatores pacis, si 63. What is the hackney-coach and chair duty ? tute officii ? 349, 350. 825.

22. What is the origin of the modern justices 64. What is the duty on offices and pensions ? of the peace351. 826.

23. How are they appointedf 351. 65. How is the revenue first and principally 24. Who are called justices of the quorum, and ppropriated ? 326.

why are they so called ? 351. 66. "What is the nature of the national debt ? 25. What are the number and qualifications 826, 327.

of these justices ? 352, 353. 67. Into what three principal funds are the 26. By what five causes is the office deter produces of the several taxes consolidated ? 329. minable ? 353.

68. How are the surpluses of these funds dis- 27. What are the power, office, and duty of posed of? 330.

a justice of the peace ? 353, 354. 69. But for what purpose does the surplus of 28. What two sorts of constables are there? 355 the aggregate fund first stand mortgaged by par- 29. By whom are they appointed ? 355, 356. liament? 331.

30. What are the three principal duties of all 70. What is the amount of his present ma-constables ? 356, 357. jesty's civil list? 331.

31. By whom are surveyors of the highways 71. What are the expenses defrayed by the constituted ? 357. civil list 2 332.

32. To what four duties has the statute now 72. Has the power of the crown, upon the reduced their office ? 358. whole, been weakened or strengthened by any 33. What is the origin of overseers of the poor 8 transactions in the last century? 334-337. 359.

34. By whom are they appointed, and what CHAP. IX.-Of Subordinate Magistrates. are their qualifications ? 360. 1. What are the six classes of subordinate ma- duties ? 360.

35. What are their two principal offices and bistrates of the most general use and authority ? 36. What are the different ways in which such 839.

a settlement in a parish as will entitle a person 2. What is the sheriff, and by whom is he to relief from the overseers of the poor may be chosen ? 339, 340.

gained ? 363. 3. In what one county does the office of sheriff

37. In what case may a person be removed to still continue hereditary; and in what one in his own parish, and by whom? 364. stance is the inheritance of a shrievalty vested 38. What is the great cause of the inadequacy in a corporate body by charter? 340.

of our poor-laws ? 365. 4. What are pocket sheriff: ? 342.

5. What is the duration in office of a sheriff ; CHAP. X.-Of the People, whether Aliens, Dersbow can his office be determined; but what does

zens, or Natives. the statute 1 Anne, st. 1, c. 8 enact as to the duration in office of all officers appointed by the king; 1. What is the first and most obvious division and what is enacted as to the man who has served of the people? 366. the office of sherifi by statute 1 Ric. II. c. 11 ? 2. What is allegiance? 366. 842, 343.

3. What was fealty ? 367. 6. What are the sheriff's four powers and du- 4. What was the difference between simple and ties? 343.

liege homage ? 367. 7. What does he do, in his judicial capacity ? 5. For what reason, with us in England, could 843.

only the oath of fealty be taken to inferior lords, 8. What are his rank and duty as keeper of the and not that of allegiance ? 367. king's peace? 343.

6. What is the present oath of allegiance? 368. 9. What is he bound to do in his ministerial 7. What is the oath of supremucy? 368. capacity ? 344.

8. What is the oath of abjuration ? 368. 10. What is his business as the king's bailiff ? 9. By whom must this oath be taken, and to 844.

whom may it be tendered ? 368. 11. What are the sheriff's inferior officers ? 10. To whom may the oath of allegance be 345.

tendered ? 368. 12. What are the regulations of an under- 11. Does the subject owe no allegiance if be sheriff ? 345.

have taken no oath? 368, 369. 13. What two classes of bailiffs are there; 12. Into what two sorts or species is all alle and what are the duties of each class ! 345. giance, both express and implied, distinguished by

14. What is the business of gaolers ? 346. the law? 369.

15. What is the coroner; how many coroners 13. What is the first of these kinds of alleare there for each county; and by whom are giance? 369. they chosen? 346.

14. Can this allegiance be put off ly any as 16. What is the qualification for a coroner; of the liegeman ? 369, 870 and how has the office been abused ? 347, 348. 15. What is the second of these kinds of allo 17. What is the duration of the office ? 348. giance; and when does it conse to be dur 370

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