In other places he substitutes ‘shop’ for ‘ship’2 and ‘corn’ for ‘coin,’3 regardless of the sense. If a man purchase £1000 worth of tobacco, he has an hundred pounds of tax to pay, and therefore cannot deal to such an extent as he would otherwise do; thus, as it requires greater stock to carry on trade, the dealers must be fewer, and the rich have, as it were, a monopoly against the poor. Under 25 Ed. As the debts of the king were many, and as the profits of the judges arose from sentence money, which was more or less according to the business of the court, they eagerly grasped at this extension of their power. i. pp. This power of the father weakened by degrees, and at last went out altogether. Grandchildren do not succeed in place of their deceased father, as among the Romans. It was in this manner, too, that the governors of the Roman provinces got their revenues. Justifiable homicide is of two kinds. But, on the other hand, it seems improbable that any rough notes, almost necessarily full of abbreviations, could have been clear enough for a not very intelligent copyist to reproduce without many more obvious blunders than are to be found in the manuscript. This opinion that riches consist in money, as it is absurd in speculation, so it has given occasion to many prejudicial errors in practice, some of which are the following. In Scotland there is a further inconvenience attending it. 0000003162 00000 n ii. We come next to testamentary. it was accounted hard, after the father’s death, that the sons should not have the possession of what they had formerly had a share in the enjoyment of; it occurred likewise readily to superiors that a man would venture himself less in battle, when the loss of his life was to be attended with the ruin of his family; from these considerations the grants were extended to the vassal and his sons; and they were then, and not till then, properly styled Feuda.’, This should, of course, read ‘for redeeming him when taken prisoner, or on the knighting of his eldest son.’. The embarrassment, too, of the feudal law in transferring property, detarded the progress of agriculture. cap. Forestallers, who went up and down the country buying up commodities, were severely punished, as this was a temptation not to bring them to the market. Among the Scythian nations, which settled in the West of Europe, divorce was taken away altogether. i. pt. They too can be laid aside for several reasons. In the reign of King John a law was made that if a lord married his ward to a burgher he only forfeited his wardship4. People of fashion are not fond of meddling in a jury attended with such inconveniences, and therefore only the meaner sort of people attend the judge. In the infancy of society, as has been often observed, government must be weak and feeble, and it is long before its authority can protect the industry of individuals from the rapacity of their neighbours. Gold and silver had all advantages. Post offices, too, are of great importance for procuring intelligence, as communication is open through all these countries, both in peace and war, which makes commerce easy, and gives notice of every movement. Another piece of police which was thought a wise institution by our forefathers had the same effect. This was in general the case in all feudal jurisdictions, they were divisible1 at the pleasure of the lord. Arguments about Abortion. It is to [be] observed that though voluntary divorce be attended with inconveniences, yet it is not altogether contrary to the principle of justice that a man should put away his wife and take another for less reasons than adultery, because they make them quite unhappy together, though either of them might live very well elsewhere. pp. They will more easily go into anything else, when they are indulged in this. Feudal burdens were only persons’ rights, and therefore every new vassal must renew his homage and the promise of fealty. xi. iii. The taxes on consumptions are not liable to this inconvenience. He affirms that as England is drained of its money, it must go to ruin. § 5, but neither Grotius nor Cocceius mention Pomponius or give the reference to the Digest. v. vol. We have found that the same principle which gave the husband authority over the wife, also gave the father authority over the son. But as they live together for their mutual defence, and to assist one another, their villages are not far distant from each other. The South Sea scheme in our own country was nothing to this. p. 201. lib. But at the same time it would be a temptation to their neighbours to make inroads upon them. In Sweden, where it takes place, they are in no danger. A person may be injured in his estate, real or personal. ii. i. ch. Since, then, there must of necessity be a common standard of which equal quantities should be of equal values, metals in general seemed best to answer this purpose, and of these the value of gold and silver could best be ascertained. pp. Some of the lawyers attend at King’s Bench, some at the court of Common Pleas, and others at the Chancery. § 15. ‘Nobiles feminae non consulum numero sed maritorum annos suos computant.’ Seneca, De benef. We may suppose the progress of government in Attica in the infancy of the society to have been much the same with that in Tartary and the other countries we have mentioned, and we find in reality that at the time of the Trojan war it was much in the same situation, for then there was little or no cultivation of the ground, and cattle was the principal part of their property. Besides all this it tends to depopulate the species, the greater part of men can get no wives, and many of them are castrated to take care of the seraglio. cap. ‘Manured’ is of course used in its old sense of ‘cultivated.’. xvii. W. of N. bk. . If it be a younger daughter, the crime is not so great. When labour is thus divided, and so much done by one man in proportion, the surplus above their maintenance is considerable, which each man can exchange for a fourth5 of what he could have done if he had finished it alone. We now come to consider the history of law with regard to masters and servants, which was the third relation in which we proposed to consider family. i. p. 273. pp. From this the sovereign acquired the right of pardoning criminals, for naturally he has no more right to pardon a crime than to discharge an unpaid debt. vol. i. pp. This is the state of aliens in most countries. They would be afraid to trust matters of importance to a few, and accordingly we find that at Athens there were 500 judges at the same time2. The unlimited power of divorce in the latter ages of the Republic2 was productive of the most disorderly consequences, the prevention of which sufficiently atones for any hardships it may occasion. By this and other circumstances, his notes were always at par with gold and silver, especially as they were making continual changes in their coin. ii. Great and ancient families have seldom either stock or inclination to improve their estates, except a small piece of pleasure-ground about their house. Cleopatra was Edition: current; Page: [84] thirty-six when taken by Augustus, yet she was with child. Thus the measure of quantity has been increasing; we shall next show how the coin decreased. Besides these orders of men of which we have taken notice, there were two others which in that period were held in the utmost contempt4. Freemen who have a stock of their own, can get anything accomplished which they think may be expedient for carrying on labour. The earth and the fullness of it belongs to every generation, and the preceding one can have no right to bind it up from posterity2; such extension of property is quite unnatural. They had no stock themselves, and therefore the landlord gave them cattle and the implements for ploughing, which they resigned at the Edition: current; Page: [101] end of the lease. ‘In the first state of man, viz. Perhaps a rash inference from Heineccius’ statement, ‘Contracto sine uno horum rituum matrimonio, uxor non conveniebat in manum mariti, neque adeo fiebat materfamilias, sed matrona.’ Antiq. Excepting this, everything which is the foundation of a proper law suit, will also make war just and reasonable. Eighteenth century London local rating acts commonly provide that rates on houses let to ambassadors shall be paid by the landlords. These rights are for the most part creatures of the civil law, though some few of them are natural, as in a state of hunters even before the origin of civil government, if a man has started a hare and pursued her for some time, he has an exclusive privilege to hunt her, by which he can hinder any other to come in upon her with a fresh pack of hounds. Second, homicide is justifiable in support of a constable or officer of justice. If we could therefore fall on a method to send the half of our money abroad to be converted into goods, and at the same time supply the channel of circulation at home, we would greatly increase the wealth of the country. So lately as in the year 1745 this power remained in the Highlands of Scotland, and some gentlemen could bring several hundreds of men into the field3. 2. ii. The removal of the dykes would not make Holland an easy prey. The goods which the English merchants want to import from France are certainly more valuable to them than what they give for them. Though forcible marriage be forbidden by law, yet if the woman afterwards consent, the friends can have no appeal, yet the king may pursue it. i. ch. i. p. 397. This ruined an immense number of people. See Lecky, History of England, vol. When there is not enough produced to serve everybody, the fortune of the bidders is the only regulation of the price. i. pp. The subject of consideration under this head will be the proper means of levying revenue, Edition: current; Page: [4] which must come from the people by taxes, duties, &c. In general, whatever revenue can be raised most insensibly from the people ought to be preferred; and in the sequel it is proposed to be shown, how far the laws of Britain and of other European nations are calculated for this purpose.