SECT. XVI. Of the relation of master and servant. TOUCHING the third oeconomical relation, of master and servant, little is to be said. But here consider, The kinds of servants. The nature of retainers. The acts that may be done RECIPROCALLY by the master, or servant, to each other; In maintaining their suits; SECT. XVII. Concerning relations civil. I HAVE done with relations political, and also oeconomical, and therefore come now to those which I call CIVIL; though it is true, that term, in a general acceptation, is also applicable to the two former relations. But in a LIMITED and LEGAL sense, I distinguish civil relations into four kinds, viz. Ancestor and heir. [G] SECT. XVIII. Concerning ancestor and heir. THIS relation I made distinct from that of parent and child, because many persons are ancestors, as to the transmission of hereditary successions, that are not parents; and many inherit as heirs that are not children to those from whom they inherit. And although the business of hereditary successions will fall in hereafter, when we come to speak of the JURA RERUM, and the manner of transferring of properties, yet I shall mention it here also. And first, consider, Who cannot be ancestor or heir. A bastard MAY be ANCESTOR in relation to his own children, or their descendants, but not to any else. But a bastard cannot be HEIR. Add here, of bastards; Who a bastard by the laws of England; By what name he may take: by purchase, &c. In a right ASCENDING line, the son is NOT an ancestor To TRANSMIT to his father, or grandfather, by hereditary succession. The HALF-blood is an impediment of descent, viz. In LINEA DESCENDENTE, from father to son or nephew; In LINEA ASCENDENTE, from nephew to uncle : In LINEA TRANSVERSALI, from brother to brother. SECT. XIX. Concerning lord and tenant. UNDER the relation between lord and tenant, these titles fall, Services of two kinds : Of common right incident to tenures; as, Fealty: What it is. Conventional services; as, Homage, Knights service, Grand or petit serjeanty. Secondly, certain perquisites arising from it; as, Wardship; Marriage; Escuage; Relief: And also escheat, which is either, Postea, EX DEFECTU SANGUINIS, for want of heirs: or Sect. 33. EX DELICTO TENENTIS, as by attainder. And these several titles may be branched into exceeding many particulars. 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; S 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 Where not. S Co. $7. 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, œconomical, 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. |