some of which are palatine; (2) sometimes into rapes, lathes, or trithings; (3) hundreds or wapentakes; and (4) towns, villages, or tithings.

Define a parish. How does it appear that as early as King Edgar's reign the kingdom had been divided into parishes? What was probably the origin of the existing boundaries of parishes?

A parish is that circuit of ground which is committed to the charge of one parson, or vicar, or other minister having care of souls therein.

Because before King Edgar's time tithes were in general arbitrary, but the king ordered that " dentur omnes decimæ primariæ ecclesiæ ad quam parochia pertinet," and it seems pretty clear and certain that the boundaries of parishes were originally ascertained by those of a manor or manors, since it very seldom happens that a manor extends itself over more parishes than one, though there are often many manors in one parish.

What are extra-parochial lands?

They are lands which, either because they were in the hands of irreligious and careless owners, or were situate in forest and desert places, or for some other now unsearchable reasons, were never united to any parish.

Name the three Counties Palatine, and why were they so called? (i.) Chester, of which the Prince of Wales is Earl. (ii.) Durham, governed by the Bishop of Durham, and vested in the Crown by 6 & 7 Will. IV. c. 19, amended by 21 & 22 Vict. c. 45; and

(iii.) Lancaster, constituted by Henry IV. in his first Parlia

ment.

They were so called a palatio because the owners thereof-the Earl of Chester, the Bishop of Durham, and the Duke of Lancaster -had formerly in these counties jura regalia as fully as the king in his palace regalem potestatem in omnibus.

Of what did "tithings" and "hundreds" consist, and why were they so called?

A

As to the "tithings," they were so called from the Saxon, because ten freeholders with their families composed one. "hundred" composed a superior division consisting of ten times ten families-hence the name.

CHAPTER IV.

THE RIGHTS OF PERSONS.

What are the objects of the laws of England?

(i.) Rights. (ii.) Wrongs. Each of which are again respectively sub-divided into the rights of persons, or the rights of things; and into private wrongs, which are civil injuries; and public wrongs, which are crimes and misdemeanours.

What are rights of persons, and how are they strictly denominated?

They are such as concern and are annexed to the persons of men. And when the person to whom they are due is regarded, they are called simply rights; but when we consider the person from whom they are due, they are then denominated duties.

What are the absolute rights or civil liberties of Englishmen, as frequently declared in Parliament ?

(i.) The rights of personal security.

(ii.) Personal liberty.

What is the right of personal security?

It consists in the legal enjoyment of life, limb, body, health, and reputation.

When does life begin in contemplation of law, and what is now the law with respect to killing a child en ventre sa mère?

As soon as the child quickens. The offence of killing a child en ventre sa mère with intent to obtain abortion is a felony; and if the child is born alive and afterwards die by reason of the means used, the offence is murder.

What remedy is given by the Habeas Corpus Act for outrages on personal liberty?

By the Habeas Corpus Act imprisonment is declared illegal. The person committing is incapable of holding any office and incurs the penalty of præmunire, and the injured party has a right of action against all parties concerned, to recover costs and damages up to £500 at least; and in the case of a private subject violating personal liberty, relief may in like manner be had against him by action, or he is liable to an indictment.

What is duress and what are the various kinds?

Duress is where a man is constrained, by force of loss of life or limb, to do an act.

It is of two kinds: (i.) Of imprisonment; (ii.) per minas, which is, threats of loss of life or limb.

How were the rights of life and limb determined?

By death, natural or civil, which latter might occur by (i.) attaint for treason or felony; (ii.) banishment; (iii.) abjuring the realm; (iv.) becoming a monk.

What is the right of personal liberty?

It consists in the free power of locomotion without illegal imprisonment, restraint, or banishment, and is especially secured by (i.) the Magna Charta; (ii.) the Petition of Right; and (iii.) the Habeas Corpus.

Explain in what cases, if any, a man can be sent out of England against his will, or be prohibited from going into foreign parts?

By the authority of Parliament, for the Great Charter declares that no freeman shall be banished, unless by the judgment of his peers, or by the law of the land; and convicts are still, according to Mr. Stephen, sometimes conveyed to parts beyond the seas, under that sentence of penal servitude, which is now substituted for that of transportation. (20 & 21 Vict. c. 3; 22 Vict. c. 25.) The king may also by his royal prerogative issue his writ of ne exeat regno, and prohibit any of his subjects from going into foreign parts without license. See also the powers of arrest given by the Debtors Act of 1869 (32 & 33 Vict. c. 62), and the Absconding Debtors Act, 1870 (33 & 34 Vict. c. 76).

CHAPTER V.

THE RIGHTS OF PROPERTY.

What is the right of private property?

It consists in every man's free use and disposal of his own lawful acquisitions, without injury or illegal diminution.

Whence comes dominion over all external objects?

It has its origin from the gift of the Creator to man in general.

In whom was the substance of things vested at first?

The substance of things was at first common to all mankind, yet a temporary property in the use of them might even then be acquired and continued by occupancy.

What was established in process of time?

A permanent property in substance as well as the use of things, which was also originally acquired by occupancy only.

Lest this property should determine by the owner's dereliction or death, whereby the thing would again become common, what did society establish?

Conveyances, wills, and heirships, in order to continue the property of the first occupant, and where by accident such property became discontinued or unknown, the thing usually resulted to the sovereign of the state by virtue of the municipal law; but of some things which are incapable of permanent substantial dominion there still subsists only the same transient usufructuary property which originally subsisted in all things, such as light, air, water, and animals feræ naturæ.

What care does Parliament take of personal property?

A man cannot be taxed without his own consent in Parliament by the voice of his representative.

He cannot be made to part with his property except by Parliament, and then only on a proper indemnification.

In this property or exclusive dominion consists the rights of things; what are they?

(i.) Things real. (ii.) Things personal.

What are things real?

Such as are permanent, fixed and immoveable, which cannot be carried out of their place, as lands, tenements, or hereditaments, together with their rights and profits.

What are things personal?

Goods, money, and all other moveables, which may attend the owner's person wherever he thinks proper to go.

BOOK II.-PART I.

CHAPTER I.

THE DIVISION OF THINGS REAL.

All things real are reducible to one of three classes.

they?

(i.) Lands.

(ii.) Tenements.

(iii.) Hereditaments.

What are

It might be noticed that the second includes the first; and the third includes the first and second.

State the principal divisions under which property is treated in the Commentaries, and name some kinds of property belonging to each division.

(i.) Things real, such as land, tenements, and hereditaments, together with their rights and profits. (ii.) Things personal, such as goods, money, and all other moveables.

What is land?

"Any ground, soil, or earth whatsoever," including not only the face of the earth, but everything under and over it.

The maxim is Cujus est solum, ejus est usque ad cœlum (et ad inferos).

What is a tenement?

Though usually signifying houses and buildings, it includes everything that may be holden, assuming it to be of a permanent kind, such as lands, rents, commons, &c.

What is a hereditament, and what are the various kinds?

The term includes not only both the former, viz., lands and tenements, but also whatever may be inherited, as an heirloom, being the most comprehensive denomination of things real. Hereditaments are either corporeal or incorporeal.

What is the largest and most comprehensive expression relating to real property, and of what kinds does it consist?

A hereditament, because it includes not only lands and tenements, but whatsoever may be inherited, be it corporeal or incorporeal, real, personal or mixed.

Hereditaments as above stated are of two kinds, corporeal and incorporeal.