What acts of the husband during the marriage bind the wife. And here of discontinuances. What acts of the wife during coverture bind the husband, and what not. And here of Her contracts, Her wills, Her receipts. What acts bind herself, and what not. And here of fines by judgment against her. What the wife acquires by the marriage or death of the husband; In relation to honorary titles and precedence. In relation to inheritances. And here of dower, the kinds of it, When and how due. Also of quarantine. In relation to chattels, Here de rationabili parte bonorum ; Remedies by the wife against the husband, In casu savitiæ. In casu alimoniæ. Either in the spiritual court: Or temporal. In what actions they must sever. In what they may join or sever. What relation of proximity either has to the other in case of survivorship, as to the administration of each other's goods. SECT. XV. Concerning the relation of parent and child. I COME now to the second oeconomical relation, i. e. father, or mother, and children; and therein we are to consider, 1 Sid. 113. 115. The father's interest in the child: In his custody or wardship. The father has the disposal, Of his custody to another. Vide the act, how far the mother, surviving the father, is interested in those rights. The child's interest in the father or mother, To be maintained by him in case of impotency, by stat. 43 Eliz. c. 2. The RECIPROCAL interest of each: Whereby they may, Maintain each other's suits. Justify the defence of each other's persons. 1 Sid. 114, Here enquire how far forth the GRANDCHILD, after the death of the father, is a child within these considerations. SECT. XVI. Of the relation of master and servant. TOUCHING the third oeconomical relation, of master and servant, little is to be said. But here consider, The kinds of servants. The nature of retainers. The acts that may be done RECIPROCALLY by the master, or servant, to each other; In maintaining their suits; In defending their persons. SECT. XVII. Concerning relations civil. I HAVE done with relations political, and also œconomical, and therefore come now to those which I call CIVIL; though it is true, that term, in a general acceptation, is also applicable to the two former relations. But in a LIMITED and LEGAL sense, I distinguish civil relations into four kinds, viz. Ancestor and heir. [G] SECT. XVIII. Concerning ancestor and heir. THIS relation I made distinct from that of parent and child, because many persons are ancestors, as to the transmission of hereditary successions, that are not parents; and many inherit as heirs that are not children to those from whom they inherit. And although the business of hereditary successions will fall in hereafter, when we come to speak of the JURA RERUM, and the manner of transferring of properties, yet I shall mention it here also. And first, consider, Who cannot be ancestor or heir. A bastard MAY be ANCESTOR in relation to his own children, or their descendants, but not to any else. But a bastard cannot be HEIR. Add here, of bastards; Who a bastard by the laws of England; By what name he may take: by purchase, &c. In a right ASCENDING line, the son is NOT an ancestor To TRANSMIT to his father, or grandfather, by hereditary succession. The HALF-blood is an impediment of descent, viz. And here all the rules of hereditary successions may Inf. Sect. 30.33. In LINEA DESCENDENTE, from father to son or nephew; In LINEA TRANSVERSALI, from brother to brother. SECT. XIX. Concerning lord and tenant. UNDER the relation between lord and tenant, these titles fall, Homage, Knights service, Grand or petit serjeanty. Secondly, certain perquisites arising from it; as, Postea, Wardship; Marriage; Escuage; Relief: And also escheat, which is either, : EX DEFECTU SANGUINIS, for want of heirs or Sect. 33. EX DELICTO TENENTIS, as by attainder. And these several titles may be branched into exceeding many particulars. |