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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 inake 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? 374.

27. What are his privileges? 374.

28. How can an alien be naturalized? 374.

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

30. How may foreign seamen be naturalized?

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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.

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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 literatura? 390.

25. What is required of a vicar, upon insti tution? 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. 12; 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 deanerics and prebends become void? 383.

16. What is the jurisdiction of an archdeacon; and by whom is he appointed? 388.

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.

11. 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? 408.

18. For what purpose was the title of baronet instituted? and for what reason have all baronets & hand gules in a field argent added to their coat? 403.

19. Why are knights of the bath so called?

404.

20. Whence is the origin of a knight bachelor? 404.

21. Who are esquires? 406.

22. Who are gentlemen? 406. 23. Who are yeomen? 406.

24. What are the rest of the commonalty? 407.

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? $19.

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 being impressed 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 rela tion 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, be ing 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 seven 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 eronomical res tion of persons? 433.

2. In what light does the law consider mar riage? 133.

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3. When does the law allow the marriage contract to be good and valid? 433.

6. In what case shall a second husband be charged to maintain his wife's child by her firm

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? 449. riage? 434.

6. What are the disabilities of this nature? 434.

7. What does the statute 32 Hen. VIII. c. 38 declare as to marriages? 435.

8. How do civil disabilities affect a marriage? 435.

9. What is the first of these legal disabilities?

436.

10. What is the second? 436.
11. What is the third? 437.

12. To what penalty is that clergyman liable
who marries a couple either without publication
of banns or without a license? 437.

13. To what penalty is he liable, by statute 4 & 5 Ph. and M. c. 8, who marries a female under the age of sixteen years without consent of her parents or guardians? 437.

14. What marriages without consent are void by statute 26 Geo. II. c. 33? 437, 438.

8. What is the penalty on a parent's refusing to provide a maintenance for such of his children as the law puts upon him to maintain? 449.

9. What is enacted if a Popish or Jewish parent shall refuse to allow his Protestant child a fitting maintenance? 449.

10. What is the law as to disinheriting children by will? 449, 450.

11. What may a parent do for a child, as its protector, towards others? 450.

12. In what one case does the law interfere between a parent and his child in regard to education? 451.

13. From what is the power of parents over their children derived? 452.

14. What power do our laws give a parent over his child? 452, 453.

15. When does that power cease? 453

16. Whence do the duties of children to their parents arise? 453.

15. What is the fourth legal incapacity to
contract marriage; and what has the statute 15
Geo. II. c. 30 provided as to this incapacity?haviour
438, 439.

16. How must a marriage be celebrated to
make it valid? 439, 440.

17. In what two ways may marriages be disSolved? 440.

18. What are the two kinds of divorce? 440. 19. For what cause must the first kind of divorce be? 440.

17. What are those duties? 453, 454.
18. Do these duties cease upon any misbe-
of the parent? 454.

19. Who is a bastard? 454.

20. Why is our law on this head superior to the Roman? 455.

21. What is a writ de ventre inspiciendo; and by whom and when may it be sued out? 456.

22. If a man dies, and his widow marries again so soon that, by the course of nature, the child 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.

21. In case of divorce a mensa et thoro, what does the law allow to the wife? 441.

22. What is the writ de estoveriis habendis? 441.

23. But in what case does the law allow no alimony? 442.

24. What are the legal consequences of marriage? 442.

25. For what debts of the wife is the husband liable? 442, 443.

26. Is there not one case where the wife shall sue and be sued as a feme sole? 443.

27. Is there not one case where a wife, by statute 3 Hen. VII. c. 2, can be evidence against her husband? 443.

28. What is the only deed a wife can execute?

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child's father? 457.

23. In what cases may children born during wedlock be bastards? 457.

24. What is the duty of parents to their bastard children? 458.

25. What is the method in which the English law provides maintenance for bastards? 458. 26. What are the rights of a bastard? 459. 27. What is the principal incapacity of a bastard? 459.

28. How may a bastard be made legitimate? 459.

CHAP. XVII.-Of Guardian and Ward.

1. WHAT is the fourth private economical relation of persons? 460.

2. What is the first species of guardian; and who is that guardian? 461.

3. If the father assign no guardian to his daughter under the age of sixteen years, who shall be her guardian? 461.

4. What and who is the second species of guardian? 461.

5. What is the third species of guardian; when does it take place; upon whom does that guardianship devolve till the minor is presumed to have sufficient discretion to choose his own guardian; and at what age does that presumption take place? 461, 462.

6. What is the fourth species of guardian; how may it be appointed; and who may accept the appointment? 462.

7. What are the power and reciprocal duty f a guardian and ward? 462.

8. What is the guardian bound to do when the ward comes of age? 463.

9. Under whose control are guardians? 463. 10. What are the different ages at which male and female are competent to different purposes? 463.

11. On what day is the full age of male and female completed? 463.

12. How can an infant be sued? 464. 13. How can he sue? 464.

14. At what age may an infant be capitally punished? 464.

15. What if an infant neglect to demand his right? 465.

16. What estates may an infant aliene? 465. 17. What legal act may an infant do? 465. 18. How may an infant purchase lands? 466. 19. What deed can an infant make which is not afterwards voidable? 466.

20. How may an infant bind himself by contract? 466.

CHAP. XVIII.-Of Corporations.

1. WHAT are bodies politic, bodies corporate, or corporations; and for what purpose are they constituted? 467.

2. What is the first division of corporations? 469.

3. How are these incorporations again divided? 470.

4. Of what two sorts are lay corporations? 470.

5. What is absolutely necessary to the erection of a corporation? 472.

6. In what sort of corporations is the king's implied consent to be found? 472.

7. What are the two methods by which the king's consent is given? 473.

8. What is necessary to the very being of a corporation? 475.

9. What are the five powers incident to all corporations? 475, 476.

10. What are those privileges and disabilities that attend aggregate corporations and are not applicable to such as are sole? 476, 477.

11. May either kind of corporation take goods and chattels for the benefit of themselves and their successors? 477.

12. Who have the right to give laws to socie siastical and eleemosynary foundations? 477.

13. What acts can aggregate corporations, that have by their constitution a head, do during the vacancy of the headship? 478.

14. In aggregate corporations what determinee the act of the whole body; and what is enacted by statute 33 Hen. VIII. c. 27 as to any private statutes made by founders of corporations in derogation of the common law in this particular? 478.

15. How do the statutes of mortmain effect corporations? 479.

16. What is the general duty of corporations ↑ 480.

17. How is this duty enforced? 480. 18. Who is the visitor of ecclesiastical corporations? 480.

19. Who is the visitor of lay corporations? 480.

20. What does the law mean by the distinction of fundatio incipiens and fundatio perficiens; and why is the king the visitor of all lay civil corporations, and the endower the visitor of all lay eleemosynary ones? 481.

21. Where shall the king exercise this his jurisdiction? 481.

22. May there not be another visitor of lay eleemosynary corporations than the founder? 482

23. What has been long held as to the visitation of hospitals, spiritual and lay; what does the statute 14 Eliz. c. 5 direct on the subject; and by whom are all the hospitals founded by the statute 39 Eliz. c. 5 to be visited? 482.

24. Are colleges lay or ecclesiastical corpora tions? 483.

25. To whom do the lands and tenements of s corporation revert upon its dissolution? 484. 26. What becomes of the corporation's debts upon its dissolution? 484.

27. By what four methods may a corporation be dissolved? 485.

28. What is an information in nature of a writ of quo warranto; and when may it be brought ! 485.

29. What is enacted as to the franchises of the city of London? 485.

30. What is provided against the dissolution of corporations? 485.

BOOK II.-OF THE RIGHTS OF THINGS.

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J. WHAT do the writers on natural law style those rights which a man may acquire in and to such external things as are unconnected with his person? 1.

2. In what has all dominion over external things its original? 2.

3. In those times when all things were in common among men, what first gave to one man a transient property in the use of a thing? 3.

4. What circumstances must soon have pointed out the necessity of appropriating to individuals not the immediate use only, but the substance, of the thing to be used; and how must that property have been originally acquired? 4-9.

5. What was the origin of conveyances, wills, heirships, and escheats? 9-13.

6. But are there not some few things which are capable only of a transient usufructory property, and which must therefore still remain in common? 14.

7. And are there not other things in which a permanent property may subsist, and which yet would be frequently found without a proprietor had not the law provided a remedy for this in convenience? 14, 15.

CHAP. II.-Of Real Property; and, first, of Corporeal Hereditaments.

1. WHAT are the objects of dominion or pro perty, as contradistinguished from what? 16. 2. Into what two kinds are things, by the law of England, distributed? 16.

3. What is the commentator's definition of the first kind of things? 16.

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4. What of the second? 16.

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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.

6. What is a tenement in law? 17.

7. How does Sir Edward Coke define a hereditament? 17.

8. Does either of these kinds of things real in-
lude the other? 17.

9. Of what two kinds are hereditaments; and
of what do each of those kinds consist? 17.
10. Under what general denomination may all
corporeal hereditaments be comprehended? 17.
11. If I convey the land, doth the structure
upon it pass with it? 18.

12. How is water considered in law; and by
what description must an action be brought to
recover it? 18.

13. What extent hath land, in its legal signification, upwards and downwards? 18.

14. What passes in law by a grant of water? 19.

CHAP. III.-Of Incorporeal Hereditaments.

1. WHAT is an incorporeal hereditament? 20.
2. Of what ten sorts do incorporeal heredita-
ments principally consist? 21.

3. What is an advowson ? 21.

4. What is the difference between an advowson
appendant and an advowson in gross? 22.

5. What is an advowson presentative? 22.
6. What is an advowson collative? 22.
7. What is an advowson donative? 23.

8. What are tithes, whether predial, mixed, or
personal? 24.

9. To whom are they due? 28.

10. By what two means may lands be discharged from the payment of tithes? 28.

11. What is a real composition; and by what means has it grown into desuetude? 28, 29.

12. What is a modus decimandi, or modus only, as it is called? 29.

13. What six rules must be observed to make the modus good and sufficient? 30.

14. What is a rank modus? 30.

impliedly give me a way to come at it? 36. 31. What are offices? 36.

32. What are dignities? 37.

33. What are franchises or liberties? 37. 34. Wherein do a forest, a chace, and a park differ? 38.

35. What is a free warren? 38, 39.

36. How comes it to pass that a man and his heirs have sometimes free warren over another's ground? 39.

37. What is a free fishery; and by what was the making grants of such a franchise prohibited? 39.

38. Wherein does a free fishery differ from a several one and a common of piscary? 39, 40. 39. What are corodies? 40.

40. What is an annuity; and wherein does it differ from a rent charge? 40.

41. What are rents? 41.

42. What are the four requisites to a rent? 41. 43. What are the three manner of rents at common law? 41.

44. What is rent-service? 42.
45. What is rent-charge? 42.
46. What is rent-seck? 42.

47. What are rents of assize? 42.
48. What are chief-rents? 42.

49. What are quit-rents? 42.

50. What were anciently called white-rents or blanch farms, reditus albi, in contradistinction to reditus nigri or black-mail? 42.

51. What is rack-rent? 43.

52. What is a fee-form rent? 43.

53. Where and when is rent regularly due and payable? 43.

CHAP. IV. Of the Feodal System.

1. WHENCE is the origin of the constitution of feuds? 45.

2. What were feuds? 45.

3. Upon what condition were they held; and what was the nature of the feodal constitution?

15. What is a prescription de non decimendo? 46. 31.

16. Who are personally entitled to the privilege of being discharged from the payment of tithes? 31.

17. From what original have sprung all the lands which, being in lay hands, do at present claim to be tithe-free? 32.

18. What is right of common? 32.

19. Of what four sorts does common chiefly consist? 32.

20. What is common of pasture; and of what
fur species does it consist? 32.

21 What is common appendant ? 33.
22 What is common appurtenant? 33.
23 What is common because of vicinage? 33.
24. What is common in gross? 34.

25. What is called a lord of a manor's
vroving? 34.

4. At about what time was the feodal polity received in England? 48.

5. Into what historical mistake have many writers been led by not understanding the feodal acceptation of the word conquest? 48.

6. Upon the introduction of the feodal system into England, what became the fundamental maxim and necessary principle of our English tenures? 51.

7. How was the feodal system affected by king Henry I.'s charter? 52.

8. How by that of king John, confirmed by his son Hen. III.? 52.

9. What were the grantor and grantee of a feud respectively called? 53.

10. What was the ceremony of granting a ap-feud? 53.

26. What is common of piscary? 34.
27. What is common of turbary? 34.
28. What is common of estovers or botes?
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29. What is right of way; and on what three
reasons may it be grounded? 35, 36.

30. Upon what principle of law, when a man

11. What were the oaths of fealty and homage! 53, 54.

12. What was the twofold nature of the feudatory's service or suit? 54.

13. Why were the feudatories distinguished by the appellation of pares curtis or curia? 54. 14. How were feuds hereditary? 55, 56. 15. Why could neither the lord nor the vassal

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