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10. is it treason for any subject to practise any sents are necessary to inake an appropriation ! thing against the crown and dignity of a usurper, 384, 385. who may be king de facto ? 370, 371.

20. How may an appropriation be severed? 17. Is allegiance held to be applicable further 385, 386. than to the political capacity of the king ? 371. 21. What is a vicar, and how is be distin

18. Do the difforent rights of natives and aliens guished from a parson? 388. correspond with their different degrees of duty ? 22. What four requisites are necessary to a 371.

parson or vicar; what is the qualification to be 19. If an alien born purchase lands in Eng- admitted to a benefice by statute 13 & 14 Car land, who is entitled to them? 372.

II. C. 4; and what if orders, or a license to 20. Is the case altered if the property he ac- preach, be obtained by money or corrupt praoquires be personal estate? 372.

tices ? 388, 389. 21. May an alien trade or work for himself as 23. Upon what three accounts may the bishop au artificer in England ? 372.

refuse to institute a clerk to a parsonage or vicar 22. May an alien bring an action or make a age? 389. till? 372.

24. In the case of an action at law, brought 23. What if he be an alien enemy? 372. by the patron against the bishop for refusing his

24. In what cases is one born out of the king's clerk, what if the cause be of a temporal nature, dominions not an alien but a native ? 373. what if of a spiritual ? and what if it be minus

25. What are the children of aliens born in sufficiens in literatura ? 390. England ? 373.

25. What is required of a vicar, upon ingli26. What is a denizen? 374.

tution ? 390. 27. What are his privileges ? 374.

26. What is a collation to a benefice? 391. 28. How can an alien be naturalized? 374. 27. How is the ceremony of induction per

29. What are the incapacities of a naturalized formed ? 391. alien? 374.

28. What is the law as to residence by statute 30. How may foreign seamen be naturalized? 21 Hen. VIII. c. 12; and what provision is made 875.

for rebuilding or repairing parsonage-houses by 31. How may foreign Protestants and Jews re- statute 17 Geo. III. 0. 53 ? 392. siding or serving in the American colonies be na- 29. By what five means may a parson or vicar turalized) 375.

cease to be so ? 392.

30. Who, by statute 21 Hen. VIII., are en. CHAP. XI.— Of the Clergy.

titled to have à dispensation; without which in

what case cannot two benefices be held together? 1. Into how many kinds are the people, whe

392. ther aliens, denizens, or natives, divisible ? 376. 2. What does the word clergy comprehend in menda recipere? 393.

31. What are a commenda retinere and a comlaw ? 376.

32. What is a curate? 393. 3. What are a clergyman's exemptions and pri

33. What is a perpetual curacy? 894. vileges ? 376, 377.

34. What are churchwardens? 394. 4. What are his disabilities? 377.

35. By whom are they appointed, and what 5. What are the eight ranks and degrees in

are their powers and duties? 394. the frame and constitution of ecclesiastical polity?

36. How are parish clerks regarded by the 377, 382, 383, 384, 394, 395.

common law ? 395. 6. By whom is an archbishop or bishop elected : and what are the forms of such elections ? 377, 395.

37. By whom is the parish clerk appointed ? 379, 380.

7. What are the power and authority of an CHAP. XII.-Of the Civil State. archbishop ? 380.

8. What is called the archbishop's options ? 1. Into what three distinct states may the lay 381.

part of his majesty's subjects be divided ? 396. 9. What are the privileges of the Archbishop 2. What does the first of these states include ! of Canterbury ? 381.

396. 10. What are the power and authority of a 3. Of what two classes does it consist ? 396. bishop? 382.

4. What are the five degrees of nobility now 11. How may archbishoprics and bishoprics in use ? 396. become void : 382.

5. What is the origin of the title of duke ? 12. What are the offices of dean and chapter ? 397. 882

6. What is the origin of the title of marquess ? 13. How are ancient and modern deans elected ? 397. 382.

7. What is the origin of the title of carl I 14. How is the chapter appointed ? 383. 398.

15. How may deanerics and prebends become 8. What is the origin of the title of viscount ! void? 383.

398. 16. What in the jurisdiction of an archdeacon ; 9. What is the origin of the title of baron? and by whom is he appointed ? 383.

398. 17. What are rural deans? 884.

10. Is the right of peerage territorial, or per18. What is a parson, and to what is he en- sonal? 399. titled ? 384.

11. How are peers now created; and what are 19. What is an appropriated parsonage ; whence the several advantages of both modes of crea. is the origin of appropriations ; and whose con- tion ? 400.

12. What are the privileges of peers, exclusive 19. Who are privileged from being imz resses of their capacity as members of parliament and at common law ? 420. as hereditary counsellors of the crown? 401, 402. 20. How else has the law provided for the in

13. In what cases has a peeress a right to be crease of seamen and manning the royal nary ? tried by peers ? 401.

420. 14. How may a peer lose his nobility? 402. 21. How is the navy governed; wherein does

16. Into what eleven degrees are the common that method of government differ from that of alty divided ? 403–407.

the army; and whence is it most probable the 16. By whom was the order of the garter insti- difference arose ? 420, 421. tuted! 403.

22. What are the privileges conferred on sait 17. What is a knight banneret; and in what or82 421. case is he entitled to rank before the younger sons of viscounts ? 403.

CHAP. XIV.- Of Master and Servant. 18. For what purpose was the title of baronet instituted ? and for what reason have all baronets 1. What are the three great private economical a hand gules in a field argent added to their coat? relations of persons ? 422. 403.

2. What is the fourth private economical rela 19. Why are knights of the bath so called ? tion consequent upon the failure of the third by 404.

the death of one of the parties ? 422. 20. Whence is the origin of a knight bachelor ?

3. Can slavery subsist in England ? 423, 424. 404.

4. Can slavery subsist anywhere consistently 21. Who are esquires ? 406.

with reason and the principles of natural law; 22. Who are gentlemen 406.

and why are the three origins of the right of 28. Who are yeomen 406.

slavery assigned by Justinian built upon false 24. What are the rest of the commonalty?

foundations? 423. 407.

5. What is the first sort of servants acknow.

ledged by the laws of England ? 425. CHAP. XIII. - Of the Military and Maritime

6. If the hiring of such servant be general, States.

for what period does the law construe it to be!

425. 1. Wat does the military state include ? 408. 7. Who are compellable by two justices to go

2. How do the laws and constitution of this out to service in husbandry, or certain specifia kingdom look upon a soldier ? 408.

trades, for the promotion of honest industry! 3. Of what does the military state, by the 425. standing constitutional law, consist ? 412.

8. What are the second species of servants 4. How is the militia of each county raised called ? 426. and officered; and where are they not compel- 9. Who are compellable by two justices to take lable to march ? 412.

the children of poor persons as apprentices ? 426 5. How are the armies, which are esteemed 10. What are the third species of servants, necessary when the nation is engaged in war, and for what term are they hired ? 426. to be looked upon ? 413.

11. How are they regulated ? 427. 6. What is martial law, according to Sir Mat- 12. What is the fourth species of servants, be thew Hale? 413.

ing rather in a superior, or ministerial, capa7. If a lieutenant, or other that hath commis- city? 427. sion of martial authority, doth, in time of peace, 13. What does a person gain by service for a execute any man by colour of martial law, what year, or apprenticeship under indentures ? 427. is his crime by magna carta? 413.

14. What does a person gain by serving seven 8. What does the petition of right moreover years as apprentice to a trade? 427. enact as to soldiers and martial law ? 413.

15. Are apprenticeship: requisite for every trade 9. What does one of the articles of the bill of land for trading everywbare ? 428. rights say as to standing armies? 413.

16. Is an actual apprenticeship to a trade for 10. In what case are standing armies, ipso facto, seven years necessary to entide a person to exerdisbanded at the expiration of every year ? 414. cise that trade? 428.

11. What does Baron Montesquieu declare to 17. May a master, or master's wife, correct his de necessary to prevent the executive power from apprentice or his servant ? 428. being able to oppress by its armies ? 414.

18. What if a servant assault his master or his 12. How are our armies governed ? 414, 415. master's wife? 428.

13. What reform in the mutiny act does the 19. What may a master do towards others on commentator recommend? 415, 416.

behalf of his servant? 429. 14. But in what cases has the humanity of our 20. What does the law call maintenance ? 429. standing laws put soldiers in a better condition 21. What may a servant do towards others on than other subjects ? 417.

behalf of his master ? 429, 430. 15. Of what does the maritime state consist ? 22. In what case is the master answerable for 118.

the act of the servant? 429, 430. 16. What are called the laws of Oleron? 418. 17. How has the law, from necessity, provided

CHAP. XV.-Of Husband and Wife. for the supply of the royal navy with seamen ? 119.

1. What is the second private eronomical react 18. flow is it proved that the king has the tion of persons ? 433. puwer of impressing seafaring men for the sea- 2. In what light does the law consider man service? 419, 420.

riage? 133.

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3. When does the law allow the marriage con- 6. In what case shall a second husband be
tract to be good and valid ? 433.

charged to maintain his wife's child by her firo
4. Of what two sorts are the disabilities to husband? 448.
contract marriage ? 434.

7. But in what case is a parent not bound to
5. How do canonical impediments affect a mar- provide a maintenance for his issue 9 449.
riage? 434.

8. What is the penalty on a parent's refusing
6. What are the disabilities of this nature ? to provide a maintenance for such of his children

as the law puts upon him to maintain ? 449.
7. What does the statute 32 Hen. VIII.c. 38 9. What is enacted if a Popish or Jewish pa-
declare as to marriages ? 435.

rent shall refuse to allow his Protestant child a
8. How do civil disabilities affect a marriage? fitting maintenance ? 449.

10. What is the law as to disinheriting children
9. What is the first of these legal disabilities? by will ? 449, 450.

11. What may a parent do for a child, as its
10. What is the second ? 436.

protector, towards others ? 450.
11. What is the third ? 437.

12. In what one case does the law interfere
12. To what penalty is that clergyman liable between a parent and his child in regard to edu-
who marries a couple either without publication cation 451.
of banns or without a license ? 437.

13. From what is the power of parents over
13. To what penalty is he liable, by statute their children derived ? 452.
4 & 5 Ph. and M. c. 8, who marries å female 14. What power do our laws give a parent over
under the age of sixteen years without consent his child? 452, 453.
of her parents or guardians 437.

15. When does that power cease ? 453
14. What marriages without consent are void 16. Whence do the duties of children to their
by statute 26 Geo. II. c. 33 ? 437, 438.

parents arise ? 453.
15. What is the fourth legal incapacity to 17. What are those duties? 453, 454.
contract marriage; and what has the statute 15 18. Do these duties cease upon any misba.
Geo. II. c. 30 provided as to this incapacity? | haviour of the parent ? 454.
438, 439.

19. Who is a bastard? 454.
16. How must a marriage be celebrated to 20. Why is our law on this head superior to
make it valid ? 439, 440.

the Roman ? 455.
17. In what two ways may marriages be dis- 21. What is a writ de ventre inspiciendo; and
solved ? 440.

by whom and when may it be sued out ? 456.
18. What are the two kinds of divorce? 440. 22. If a man dies, and his widow marries again

19. For what cause must the first kind of di- so soon that, by the course of nature, the child vorce be ? 440.

of which she shall be delivered might have been
20. For what cause must the second kind of begotten by either husband, which shall be the
divorce be ? 440, 441.

child's father? 457.
21. In case of divorce a mensa et thoro, what 23. In what cases may children born during
does the law allow to the wife? 441.

wedlock be bastards ? 457.
22. What is the writ de estoveriïs habendis ? 24. What is the duty of parents to their bastard

children? 458.
23. But in what case does the law allow no 25. What is the method in which the English
alimony ? 442.

law provides maintenance for bastards ? 458.
24. What are the legal consequences of mar- 26. What are the rights of a bastard ? 459.
riage? 442.

27. What is the principal incapacity of
25. For what debts of the wife is the husband bastard ? 459.
liable ? 442, 443.

28. How may a bastard be made legitimate? 459.
26. Is there not one case where the wife shall
sue and be sued as a feme sole? 443.

CHAP. XVII.--Of Guardian and Ward.
27. Is there not one case where a wife, by sta-
tute 3 Hen. VII. c. 2, can be evidence against 1. What is the fourth private economical relas
her husband? 443.

tion of persons ? 460.
28. What is the only deed a wife can execute ?

2. What is the first species of guardian; and 444.

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who is that guardian? 461. 29. What restraint may a husband lay upon 3. If the father assign no guardian to his his wife in case of gross misbehaviour ? 444, daughter under the age of sixteen years, who 445.

shall be her guardian ? 461.

4. What and who is the second species of CHAP. XVI. ---Of Parent and Child. guardian? 461.

5. What is the third species of guardian ; 1. What is the third and most universal pri- when does it take place ; upon whom does that oute economical relation of persons ? 446.

guardianship devolve till the minor is presumed 2. Of what two sorts are children? 446. to have sufficient discretion to choose his own 3. Who is a legitimate child ? 446.

guardian; and at what age does that presump4. What are the three legal duties of parents tion take place ? 461, 462. to legitimate children? 446.

6. What is the fourth species of guardian ; 5. In what case may the churchwardens and how may it be appointed ; and who may accept over seers of the parish seize the parent's rents, the appointment ? 462. goods, and chattels and dispose of them towards 7. What are the power and reciprocal duty if the child's maintenance ? 448

a guardian and ward ? 462.


8. What is the guardian bound to do when the 12. Who have the right to give laws to acco ward comes of age? 463.

siastical and eleemosynary foundations ? 477. 9. Under whose control are guardians ? 463. 13. What acts can aggregate corporations, that

10. What are the different ages at which male have by their constitution a head, do during the and female are competent to different purposes ? | vacancy of the headship? 478. 463.

14. In aggregate corporations what determinee 11. On what day is the full age of male and the act of the whole body; and what is enacted female completed ? 463.

by statute 33 Hen. VIII. c. 27 as to any private 12. How can an infant be sued ? 464.

statutes made by founders of corporations in dero13. How can he sue? 464.

gation of the common law in this particular! 14. At what age may an infant be capitally 478. punished ? 464.

15. How do the statutes of mortmain effect 15. What if an infant neglect to demand his corporations? 479. right? 465.

16. What is the general duty of corporations : 16. What estates may an infant aliene ? 465.

480. 17. What legal act may an infant do? 465. 17. How is this duty enforced ? 480. 18. How may an infant purchase lands? 466. 18. Who is the visitor of ecclesiastical corpo.

19. What deed can an infant make which is rations ? 480. not afterwards voidable? 466.

19. Who is the visitor of lay corporations ! 20. How may an infant bind himself by con- 480. tract? 466.

20. What does the law mean by the distinction

of fundatio incipiens and fundatio perficiens ; and CHAP. XVIII.- Of Corporations.

why is the king the visitor of all lay civil corpo

rations, and the endower the visitor of all lay 1. What are bodies politic, bodies corporate, or eleemosynary ones? 481. corporations ; and for what purpose are they 21. Where shall the king exercise this his juconstituted ? 467.

risdiction ? 481. 2. What is the first division of corporations ? 22. May there not be another visitor of lay 469.

eleemosynary corporations than the founder 482 3. How are these incorporations again divided ? 23. What has been long held as to the visitation 470.

of hospitals, spiritual and lay; what does the sta4. Of what two sorts are lay corporations ? tute 14 Eliz. c. 5 direct on the subject; and by 470.

whom are all the hospitals founded by the statute 5. What is absolutely necessary to the erec-39 Eliz. c. 5 to be visited ? 482. tion of a corporation ? 472.

24. Are colleges lay or ecclesiastical corpora6. In what sort of corporations is the king's tions? 483. implied consent to be found ? 472.

25. To whom do the lands and tenements of a 7. What are the two methods by which the corporation revert upon its dissolution ? 484. king's consent is given ? 473.

26. What becomes of the corporation's debts 8. What is necessary to the very being of a upon its dissolution ? 484. corporation ? 475.

27. By what four methods may a corporation 9. What are the five powers incident to all be dissolved ? 485. corporations ? 475, 476.

28. What is an information in nature of a writ of 10. What are those privileges and disabilities quo warranto; and when may it be broughi that attend aggregate corporations and are not 485. applicable to such as are sole? 476, 477.

29. What is enacted as to the franchises of the 11. May either kind of corporation take goods city of London? 485. and chattels for the benefit of themselves and 30. What is provided against the dissolution their successors ? 477.

of corporations? 485.


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CHAP. I.–Of Property in General.

6. But are there not some few things which

are capable only of a transient usufructory pro1. What do the writers on natural law style perty, and which must therefore still remain in those rights which a man may acquire in and to common? 14. such external things as are unconnected with 7. And are there not other things in which a his person? 1.

permanent property may subsist, and which yet 2. In what has all dominion over external would be frequently found without a proprietci things its original? 2.

had not the law provided a remedy for this in 3. In those times when all things were in com- convenience? 14, 15. mon among men, what first gave to one man a transient property in the use of a thing ? 3.

CHAP. II.- Of Real Property; and, first, of Cor4. What circumstances must soon have pointed

poreal Hereditaments. out the necessity of appropriating to individuals 1. What are the objects of dominion or pro not the immediate use only, but the substance, of perty, as contradistinguished from what? 16. the thing to be used; and how must that pro- 2. Into what two kinds are things, by the lau perty have been originally acquired ? 4–9. of England, distributed ? 16.

5. What was the origin of conveyances, wills, 3. What is the commentator's definition of the heirships, and escheats ? 9-13.

| first kind of things ? 16.

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4. What of the second ? 16.

grants me a piece of ground in the middle of 5. Of what three sorts or kinds are things real his field, does he at the same time tacitly and usually said to consist? 16.

impliedly give me a way to come at it? 36.
6. What is a tenement in law ? 17.

31. What are offices ? 36.
7. How does Sir Edward Coke define a here- 32. What are dignities ? 37.
ditament 2 17.

33. What are franchises or liberties ? 37.
8. Does either of these kinds of things real in- 34. Wherein do a forest, a chace, and a park
alude the other ? 17.

differ? 38.
9. Of what two kinds are hereditaments ; and 35. What is a free warren ? 38, 39.
of what do each of those kinds consist? 17. 36. How comes it to pass that a man and his

10. Under what general denomination may all heirs have sometimes free warren over another's
corporeal hereditaments be comprehended ? 17. ground ? 39.

11. If I convey the land, doth the structure 37. What is a free fishery; and by what was
upon it pass with it? 18.

the making grants of such a franchise prohibited ?
12. How is water considered in law; and by 39.
what description must an action be brought to 38. Wherein does a free fishery differ from a
recover it! 18.

several one and a common of piscary? 39, 40.
13. What extent hath land, in its legal signi- 39. What are corodies? 40.
fication, upwards and downwards ? 18.

40. What is an annuity; and wherein does it
14. What passes in law by a grant of water ? differ from a rent charge ? 40.

41. What are rents? 41.

42. What are the four requisites to a rent? 41.
CHAP. III.-Of Incorporeal Hereditaments. 43. What are the three manner of rents at

common law ? 41.
1. What is an incorporeal hereditament? 20. 44. What is rent-service ? 42.
2. Of what ten sorts do incorporeal heredita-

45. What is rent-charge? 42.
ments principally consist ? 21.

46. What is rent-seck ? 42. 3. What is an advowson? 21.

47. What are rents of assize? 42. 4. What is the difference between an advowson

48. What are chief-rents ? 42. appendant and an advowson in gross ? 22.

49. What are quil-rents ? 42. 5. What is an advowson presentative ? 22.

50. What were anciently called white-rents or 6. What is an advowson collative? 22.

blanch farms, reditus albi, in contradistinction to 7. What is an advowson donative? 23.

reddus nigri or black-mail ? 42. 8. What are tithes, whether predial, mixed, or 51. What is rack-rent? 43. personal ? 24.

52. What is a fee-form rent ? 43. 9. To whom are they due ? 28.

53. Where and when is rent regularly due aud
10. By what two means may lands be dis-

payable? 43.
charged from the payment of tithes ? 28.
11. What is a real composition ; and by what

CHAP. IV.- Of the Feodal System.
means his it grown into desuetude ? 28, 29.

12. What is a modus decimandi, or modus only, 1. Whence is the origin of the constitution
as it is called? 29.

of feuds ? 45.
13. What six rules must be observed to make 2. What were feuds ? 45.
the modus good and sufficient ? 30.

3. Upon what condition were they held; and
14. What is a rank modus? 30.

what was the nature of the feodal constitution !
15. What is a prescription de non decimendo ? 46.

4. At about what time was the feodal policy
16. Who are personally entitled to the pri- received in England ? 48.
vilege of being discharged from the payment of 5. Into what historical mistake have many
tithes ? 31.

writers been led by not understanding the feodal
17. From what original have sprung all the acceptation of the word conquest ? 48.
lands which, being in lay hands, do at present 6. Upon the introduction of the feodal system
claim to be rithe-free? 32.

into England, what became the fundamental
18. What is right of common? 32.

maxim and necessary principle of our Englisla
19. Of what four sorts does common chiefly tenures ? 51.
consist? 32.

7. How was the feodal system affected by king
20. What is common of pasture; and of what Henry I.'s charter? 52.
Pur species does it consist? 32.

8. Hlow by that of king John, confirmed by
21 What is common appendant ? 33.

his son Hen. III. ? 52.
22 What is common appurtenant ? 33.

9. What were the grantor and grantee of .
23 What is common because of vicinage ? 33. feud respectively called ? 53.
24. What is common in gross? 34.

10. What was the ceremony of granting a
25. What is called a lord of a manor's ap- feud? 53.
oroving? 34.

11. What were the oaths of fealty and homage 1
26. What is common of piscary? 34.

53, 54.
27. What is common of turbary ? 34.

12. What was the twofold nature of the feu..
28. What is common of estovers or botes? | atory's service or suit ? 54.

13. Why were the feudatories distinguished
29. What is right of way; and on what three by the appellation of pares curtis or curiæ? 54.
reasons may it be grounded ? 35, 36.

14. How were feuds hereditary ? 55, 56.
30. Upon what principle of law, when a man 15. Why could neither the lord nor the vassol



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