SECT. XX.

Concerning guardian and pupil.

THE third sort of civil relations are pupil and guardian.
And herein are considerable,

With respect to the guardian, what and how many
sorts of CUSTODIES there are: as,

Guardian by NATURE,-the father;

The mother.

And in some respects, The grandfather.

Quære, in what cases, and to what intents.

Guardian BY NURTURE.

Guardian BY SOCAGE;

Who shall be;

For how long time.

Guardian by knights service.

Vide sect. prox' supra.

With respect to the pupil or heir, is considerable;

When he shall be said to be of FULL age

By common law :

By custom.

What he is enabled or disabled to do:

In relation to lands.

In relation to goods or contracts.

And here,

Where he shall be bound;

Where not.

S Co. 37. b.

These may come in here, but more properly before, under

capacity, sect. 1.

SECT. XXI.

Of lord and villein.

THIS title is at this day of LITTLE use, and in effect is altogether antiquated; and therefore I refer myself herein wholly to Littleton,

SECT. XXII.

Concerning persons or bodies politic, i. e. CORPORATIONS.

I HAVE done with the JURA PERSONARUM NATURALIUM, considered under their several relations, political, oeconomical, and civil; and therefore I now come to persons politic, or corporations, that is, bodies created by OPERATION OF LAW.

The highest and noblest body politic, is THE KING; who though he be a body natural, yet to many purposes is also a body politic or corporate, as has been already shewn, and shall not now resume. Therefore bodies corporate, in respect of the nature of them, I divide into two kinds, viz.

Ecclesiastical.

Temporal.

Ecclesiastical corporations are distinguished in their constitution, thus; viz.

In the title of it.

In the manner of it.

In the nature of it.

In the TITLE of their constitution, they are,

By prescription;

By charter; as all NEW ecclesiastical corporations, founded

WITHIN memory, are.

In the MANNER of their constitution, they are,

Elective.
Presentative.

Donative.

And here,

Of institution.

Induction.

By whom to be made;

And when;

And the effects thereof.

Also of lapse,

And devolution ;

When, and how.

In the NATURE of their constitution, they undergo many diver

sifications, and are,

With cure, as parson, vicar, &c.

Without cure, as prebend.

Regular, as abbot, prior.

Secular, as master of hospital, parson, vicar, &c.
With dignity, as bishops, deans, chancellors; or,

Without dignity, or simple benefices, as parson, vicar,
prebend.

Sole, as bishop, dean, parson, vicar, prebend; or,

Aggregate, as dean and chapter, master and confraternity. And under every of these distinctions, the following connexes fall in, and are considerable. viz.

How they may ACQUIRE:

And what is requisite thereto.

By charter or deed.

By licence to purchase in mortmain.

And here of MORTMAIN, which is equally applicable to all sorts of corporations, whether ecclesiastical or secular.

How they may ALIEN.

Here fall in the several disabling statutes of 1st, 13th, and 18th of Eliz. and the enabling statute 32 H. 8. &c. and what circumstances and qualifications are requisite to enable such alienations and if by demise, or otherwise.

How they are DISSOLVED; and the effect of such dissolulutions; as,

SPECIAL Corporations, i. e. erected to some special purposes, as where the grant is to a monk, or to the good men of Islington in fee-farm.

So CHURCH-WARDENS are, by the common law, a special corporation to take goods or personal things to the use of the parish.

GENERAL corporations; which are distinguished thus :

In respect to the TITLE of their corporation,
By charter:

By prescription.

In respect of their QUALITY or condition, they are either,
SOLE; as the chamberlain of London, as to bonds

taken by him for the use of orphans, is a sole
corporation.

AGGREGATE, as mayor and commonalty,, master and scholar, master and confreres of an hospital, &c.

And here,

The manner of their visitation :

And by whom.

In respect of the RULES of their constitution, where the members are,

Elective.

Donative.

And as common incidents to corporations are considerable,

How they are dissolvable.

By QUO WARRANTO.

The effect of such dissolution.

How the particular members are removeable,

Their remedy, if wrongfully removed,

By MANDAMUS.

And here comes in the learning of writs of restitution in the

king's bench, of persons unduly disfranchised.

Hitherto of the distribution of the heads and branches of the law touching the jura personarum, or rights of persons.

SECT. XXIII.

Concerning the JURA RERUM, and the general division thereof.

HAVING done with the rights of persons, I now come to the rights of things. And though according to the usual method of civilians, and our ancient common law tractates, this comes in the second place after the jura personaram, and therefore I have herein pursued the same course, yet that must NOT be the method of a young student of the common law, but he must begin his study HERE,at the JURA RERUM; for the former part contains matter proper for the study of one that is well acquainted with those jura rerum.

And although the connexion of things to persons has in the former part of these distributions given occasion to mention many of those jura rerum, as particularly annexed to the consideration of persons under their several relations; yet I must again resume many of them, or at least refer unto them; and this without any just blame of tautology; because there they are considered only as INCIDENTAL and relatively; but HERE they are considered ABSOLUTELY in their own nature or kind,—and with relation to themselves, or their own nature, and the several interests in them, and transactions of them.

And in this business I shall proceed in the method following,

viz.

I shall consider the THINGS themselves, about which the jura rerum are conversant, and give their general distributions. 1 shall consider the several RIGHTS in those things, or to them belonging; and the manner of the production, creation, and translation of those rights.