a queen regnant.-Queen dowager.-The prince of Wales and the rest of the royal family.
OF THE COUNCILS BELONGING TO THE KING.
1. The high court of parliament.-2. The peers of the realm col- lectively and individually.—3. The judges.-4. The privy council.— The judicial committee of the privy council and the cabinet council.
After the Revolution the king's duties were expressly declared.- They are to govern according to law, to execute judgment in mercy, and to maintain the established religion.
OF THE KING'S PREROGATIVE.
The king's prerogative is either direct or incidental. The direct pre- rogative is of three kinds:-1. The royal dignity.-2. The royal authority and 3. The royal income.-I. THE ROYAL DIGNITY consists, in 1. Of the king's sovereignty. Remedy provided by the constitution against private injuries, or public oppressions of the crown.-2. The King's perfection. He is incapable of doing, or thinking wrong.--Consequence of this doctrine.-3. The king's per- petuity.-II. THE ROYAL AUTHORITY.-How far absolute and under what limits.—It either respects this nation's intercourse with foreign countries, or its own domestic policy.-I. As to foreign concerns.-1. The king has the power of sending ambassadors.— The rights of ambassadors.—2. The king makes treaties and leagues. -3. The king makes war and peace.-4. The king may grant letters of marque.—The modern practice as to letters of marque.-5. The king may grant safe conducts.-The law as to aliens regulated by the 6 Wm. IV. c. 11.—II. As to domestic concerns.—1. The power of rejecting bills in parliament.-2. The king is generalissimo. -His power in this capacity. As to the exportation and importa- tion of arms under 6 Geo. IV. c. 107.-As to enlistment in foreign service, under 59 Geo. III. c. 69.-3. The king is the fountain of justice. The consequence of this doctrine.-4 The king is the fountain of honour.-5. The king is the arbiter of commerce.— Consequence of this doctrine.-The alteration of the law as to the regulation of weights and measures, by the 5 & 6 Wm. IV. c. 63.- As to coining money, and what is a legal tender.-6. The king is the head of the church.-Consequence of this doctrine.
CHAPTER THE EIGHTH.
OF THE KING'S REVENUE.
The king's revenue, either ordinary or extraordinary.—1: The Ordi- nary revenue consists of, 1. The custody of the bishops' temporali- ties.-2 Corodies.-3. The tithes of extra parochial places.- 4. First fruits and tenths. The present state of this fund.-5. The rents and profits of the demesne lands.-6. The profits of military tenures.-7. Wine licenses.-8. Profits arising from forests.- 9. Profits arising from courts of justice.-10. Royal fish.-11. Ship- wrecks. The law as to wrecks.-12. The right to mines.- 13. Treasure-trove.-14. Waifs.-15. Estrays.-16. Bona confis- cata.-Deodands.-Law as to.-17. Escheats.-18. The custody of idiots and lunatics.-Law as to idiots, lunatics, and prodigals.- II. The extraordinary revenue.-What this arises from,-1. The land-tax. The history of the land-tax.-Tenths, fifteenths, and aids.-Land-tax formerly annual, now perpetual, but subject to re- demption under the 42 Geo. III. c. 116.-2. The malt-tax for- merly annual, but now rendered perpetual.-3. The customs.— The history of this tax.-The consolidation of the acts relating to it.-4. The excise.-History of this tax.-Recent increase of the ex- cise, and state of the law respecting it.-5. The post-office.- History of its establishment.—The privilege of franking as regu- lated by Vict. c. 36.-6. Stamps : great alterations made in this branch of the revenue since the time of Blackstone.-7. The assessed taxes :-consisting of duties on windows, male servants, carriages, horses, dogs, horse-dealers, hair-powder, armorial bearings, and game.-8. Duty on offices and pensions.-Amount of the extra- ordinary revenue.-How it is appropriated in paying the interest of the national debt.-History of the national debt.-Its former and present amount.-Advantages and disadvantages of a national debt. The consolidated fund.-How it is formed. The sinking fund. Its history and present state.-The royal allowances and civil list. Its history and present state. General reflections on the past and present power of the crown.
Subordinate magistrates are, 1. Sheriff.-How he was formerly, and is now chosen.-The duties of the sheriff. His judicial capacity. -Is bound to execute all process. He is the king's bailiff.-His officers. The under-sheriff.-His judicial duties increased by the 3 & 4 Wm. IV. c. 42.-Bailiffs.-2. The coroner.-How chosen.- His fees recently settled by the 1 Vict. c. 68.-3. Justice of peace. The history of this officer.-His power and duty. 4. The constable.
-Of various kinds.-The new police.-5. Surveyor of highways. —6. The overseer of the poor.-The old and new poor law.
OF THE PEOPLE, WHETHER ALIENS, DENIZENS, OR NATIVES. The people divided into aliens and natural born subjects.—The oaths of allegiance.-Supremacy and abjuration.-Alteration by the 10 Geo. IV. c. 7.-Allegiance of two sorts, natural or local.—What aliens may do.-Who is considered such, and who a natural born subject.-Denizens, what they may do.-Naturalization.
The clergy. Their privileges.-Their disabilities.-The state of the law under the 57 Geo. III. c. 99, 1 Vict. c. 10, and 1 & 2 Vict. c. 106.-As to their trading and being members of companies: I. The archbishops and bishops.-Alterations recommended and effected as to bishopricks by the ecclesiastical commission, and the 6 & 7 Wm. IV. c. 77.-II. The dean and chapter.-III. The archdeacon. -IV. Rural deans.-V. Parsons and vicars.-Appropriation.— What is necessary to becomea parson or vicar.-His residence ne- cessary. What pluralities may be held under 1 & 2 Vict. c. 106. -VI. Curates.-How regulated by the 1 & 2 Vict. c. 106.-VII. Churchwardens.-VIII. Parish clerks.
The civil state is divided into the nobility and commonalty.-Different degrees of nobility.-How created.—Incidents to the nobility.- Different degrees of commonalty, and table of precedence.
OF THE MILITARY AND MARITIME STATE.
The military state.-History of the army in England. The settlement and regulation of the militia.—How the army in time of war is raised. -As to billetting soldiers under the mutiny act.-How the army is composed.-Martial law.-How far to be endured. The advantages of the military state.-The maritime state.-Regulation of the navy
-Repeal of the former navigation act, and state of the law in this respect. Impressment.-Other modes of manning the navy.—The articles for ordering the navy.—The privileges conferred on the navy.
I. As to the several sorts of servants.-1. Menial servants.-2. Appren- tices.-3. Labourers.-4. Stewards, factors, and bailiffs.-II. The effect of the relation.-III. How strangers may be affected by the relation.
I. How marriage may be contracted.-Incestuous marriages now void, and not voidable by the 5 & 6 Wm. IV. c. 54.-First. The parties must be willing to contract.-Secondly. Able to contract.- The disabilities.-Alterations made as to these by the 4 Geo. IV. c. 76.-Lastly. The marriage must be had in due form.-State of the law as to this under the 4 Geo. IV. c. 76, and the 6 & 7 Wm. IV. c. 85.-II. The manner in which marriages may be dis- solved.-III. The legal consequence of marriage with respect to the rights of the parties and third persons.
Children of two sorts.-I. Legitimate children.-1. The duties of pa- rents. Maintenance.-State of the law as to this under the 4 & 5 Wm. IV. c. 76.-Protection.-Education.-A Roman Catholic edu- cation now permitted by the 10 Geo. IV. c. 7.—2. The power of parents over their children.-As to marriages by the 4 Geo IV. c. 76. -3. The duties of children as to their parents.-II. Illegitimate children.-1. Who are bastards.-2. The duties of parents to their bastards.-Much varied by the 4 & 5 Wm. IV. c. 76.-3. The rights and incapacities of bastards.
1. The several species of guardians.—2. The ward when of age, and what acts he may do.-Cannot now make a will under 21, 1 Vict. c. 26.-3. Infants-Their privileges and disabilities.
Advantages of corporations.-Their history in this country.-How divided.-1. How corporations may be created.-The Municipal Corporation Act, 5 & 6 Wm. IV. c. 76.-II. The rights and privi- leges and incapacities of a corporation.-Certain corporate powers may be granted without incorporation, by 6 Geo. IV. c. 91, 4 & 5 Wm. IV. c. 94, and 1 Vict. c. 73.—III. How a corporation may be visited.-IV. How corporations may be dissolved.
"65, n. 1, last line, for stat. 2, read'stat. 1.'
"79, n. ", line 2, for note read' rule.'
"89, line 24, for 5 Ann. c. 6, 'read c. 5.'
"107, n. f, third line, for note, read 'slightly.'
116, n. *, for 3 Geo. I. c. 5, read 'c. 15.'
161, line 11, for c. 24, read' c. 144.'
190, line 12 from bottom, for 10 Geo. IV., read 9 Geo. IV.'
66 229, n. e, for c. 27, read' c. 10.'
"289, n. 2, for c. 24, read' c. 34.'
294, line 29, for 15 Edw. III., read '14 Edw. III.'
298, n. P, line 2, for c. 12, read' c. 10.'
"330, line 3, dele 7 Geo. IV. c. 48.'
"335, line 5, for 49 Geo. 3. c. 69, read '59 Geo. III. c. 32.'
"343, n.", for 55 Geo. III. c. 44, read ́5 Geo. IV. c. 44.'
423, n. 4, for 13 Eliz., read 31 Eliz.'
« AnteriorContinua » |