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the other local ; the former being also perpetual, the latter temporary. 9. What is natural allegiance ?_369.
It is such as is due to the king from all men born within his dominions, immediately upon their birth. 10. Can natural allegiance be forfeited ?—369.
No: It cannot be forfeited, cancelled, or altered by any change of time, place, or circumstance, nor by anything but the united concurrence of the legislature. For it is a principle of universal law, that the natural-born subject of one prince cannot by any act of his own, not even by swearing allegiance to another, put off or discharge his natural allegiance to the former ; for this natural allegiance was intrinsic and primitive, and antecedent to the other, and cannot be divested without the concurrent act of that prince to whom it was first due.
11. What is local allegiance ?—370.
It is such as is due from an alien, or stranger born, for so long a time as he continues within the king's dominion and protection; and it ceases the instant such stranger transfers himself from this kingdom to another. 12. To what is the oath of allegiance applicable ?—371.
It, or rather the allegiance itself, is held to be applicable, not only to the political capacity of the king, or regal office, but to bis natural person and blood-royal.
13. Have alien enemies rights ?—372.
They have no rights, no privileges, unless by the king's special favor, during the time of war.
14. Are the children of aliens, born in England, natural-born sesbjects ?—373.
They are, generally speaking, and entitled to all the privi. leges of such.
15. What is a denizen ?-_-373. • He is an alien born, but who has obtained ex donatione legis letters patent to make him an English subject.
16. Horo is naturalization performed ?–374.
Oniy by act of parliament ; for by this an alien is put in the same state as if he had been born in the king's ligeance.
OF THE CIVIL STATE.
1. Hou may the lay part of his majesty's subjects be divided ? – 396.
Into three distinct states ; the civil, the military, and the maritime.
2. Of what does the civil state consist ?—396.
Of the nobility and the commonalty.
3. What degrees of nobility are now in use ?—396.
Those of duke, marquis, earl, viscount, and baron.
4. How is nobility now created ?-399.
Either by writ or by patent.
5. Into what degrees are the commonalty divided ?—403-407.
They are divided into vidames, (now quite out of use,) knights, colonels, sergeants-at-law, doctors, esquires, gentlemen, yeomen, tradesmen, artificers, laborers.
6. What constitutes the distinction of esquire ?–406.
It is a matter somewhat unsettled what constitutes the distinction, or who is a real esquire; for it is not an estate, however large, that confers this rank upon its owner. Camden reckons up four sorts of them : 1. The eldest sons of knights, and their eldest sons in perpetual succession. 2. The eldest sons of younger sons of peers, and their eldest sons in like perpetual succession. 3. Esquires created by the king's letters patent or other investiture, and their eldest sons. 4. Esquires by virtue of their offices; as justices of the peace, and others who bear any office of trust under the crown. 7. What constitutes the distinction of gentleman ?–406.
“As for gentlemen,” says Sir Thomas Smith, “they be nade good cheap in this kingdom ; for whosoever studieth the laws of the realm, who studieth in the universities, who professeth the liberal sciences, and (to be short) who can live idly, and without manual labor, and will bear the port, charge, and countenance of a gentleman, he shall be called master, and shall be taken for a gentleman.” 8. Horo does the law recognize these degrees ?–407.
Tradesmen, artificers, and laborers, as well as all others, must, in pursuance of statute I., Henry V., c. 5, be styled by the name and addition of their estate, degree, or mystery, and the
place to which they belong, or where they have been conversant, • in all original writs of actions personal, appeals and indictments,
upon which process of outlawry may be awarded ; in order, as it should seem, to prevent any clandestine or mistaken outlawry, by reducing to a specific certainty the person who is the object
of such process.
UF MASTER AND SERVANT.
1. What are the three great relations in private life ?–422.
Those of master and servant ; husband and wife ; parent and child
2. What fourth relation hath the laro provided ?–422.
That of guardian and ward; which is a kind of artificial parentage, to supply the deficiency, whenever it happens, of the natural.
3. Of what sorts are servants, as acknowledged by the laros of England.-425-427.
1. Menial servants, so called from being intra moenia, or domestics. 2 Apprentices (from apprendre, to learn), usually bound for a term of years. 3. Laborers, who are only hired by the day or the week, and do not live intra moenia, as part of the family. 4. Stewards, factors, and bailiffs, whom the law considers as servants, pro tempore, with regard to such of their acts as affect their masters' or employers' property.
4. If the hiring of menial servants be general, without any par. ticular time limited, what period does the law construe it to be for -425.
For one year.
5. What does a person gain by hiring and service for a year, of apprenticeship under indentures?
-427. A settlement in that parish wherein he last served forty days.
6. What right do persons serving seven years as apprentices to any trade acquire ?-427.
They have an exclusive right to exercise that trade in any part of England.
7. At common law might every man use what trade he pleased ? -428.
8. Is actual apprenticeship to a trade necessary to entitle a person to exercise that trade ?—428.
Following the trade seven years is sufficient. 9. May the master correct his apprentice ?–428.
He may in moderation.
10. What if a servant assault his master, or master's wife?–428
He shall suffer one year's imprisonment, and other open corporeal punishment not extending to life or limb.
11. Horo may a master behave towards others, on behalf of his servant 2–429.
He may maintain, that is, abet and assist his servant in any action at law against a stranger.
12. What is maintenance !-429.
To encourage suits and animosities, by helping to bear the expense of them: it is an offence against public justice.
OF HUSBAND AND WIFE.
1. What is the second private relation of persons 2–433.
That of marriage, which includes the reciprocal rights and duties of husband and wife.
2. In what light does the law regard marriage ?-433.
In no other light than as a civil contract.
3. When does the law allow the marriage contract to be good and valid ? -433.
In all cases where the parties at the time of making it, in the first place, were willing to contract; secondly, were able to contract ; and, lastly, actually did contract, in the proper forms and solemnities required by law. 4. Of what sorts are the disabilities to marriage ? -434.
They are, first, canonical ; second, civil. 5. Horo do canonical impediments affect marriage ?-434.
They are sufficient, by the ecclesiastical law, to avoid the marriage in the spiritual court; but, in our law, they only make the marriage voidable, and not ipso facto void until sentence of nullity be obtained.
6. What are disabilities of this nature ?—-434.
Pre-contract ; consanguinity, or relationship by blood ; and affinity, or relationship by marriage; and some particular corporal infirmities.
7. Horo do the civil disabilities affect marriage ?-435.
They render it void ab initio and not merely voidable.