Their 2o. Civil Divisions of the Territory of England, &c. 1 Bl. Com. 114 to 120; 1 Steph. Pl. 114 to 124. formation, or at least their organization, is ascribed to Alfred. They consist of, (1), Tithings, towns, vills or boroughs; (2), Of hundreds; (3), Of lathes, rapes, and trithings, or ridings; and (4), Of counties; W. C. 1. Tithings, Towns, Vills, Boroughs. These terms appear to have about the same meaning. The name Tithing, is Saxon, and is so called because ten freeholders, with their families, compose one, each freeholder being surety for the rest. The head-man was called Tithing-man or Borsholder (Borough's-ealder); and originally each such division had a church, thus corresponding somewhat to parishes. (1 Bl. Com. 114-'15; 1 Steph. Com. 114 to 116); W. C. 1o. Cities. Large towns which are or have been the seat of a Bishop's See. They usually possess the apparatus of municipal government, with peculiar privileges, quite separate from the county in which they are situated. 2o. Boroughs. Cities, or other towns which send Burgesses to Parlia ment. 3. Towns. In modern times, collections of dwellings, with or without corporate privileges, or municipal government. 24. Hundreds. Composed of ten Tithings, whose chief officer is a high constable, or bailiff, and formerly provided with a Hundred-court for the trial of causes. In the northen counties, Hundreds are called Wapen-takes. The division seems to have been borrowed from Denmark, and to have been derived originally from the Germans. (1 Bl. Com. 115; 1 Steph. Com. 117.) 3d. Lathes (in Kent), Rapes (in Sussex), and Trithings or Ridings (in Yorkshire). Intermediate divisions between Tithings and Counties, prevailing in a few counties. (1 Bl. Com. 116; 1 Steph. Com. 118.) 4d. Counties or Shires Counties, from French Count (Comes), or Earl, the chief executive officer, the Sheriff (vice-comes), being his deputy; Shires, from Saxon Scir-an, to divide, whence the acting executive was styled Scire-gerefa, shire-reeve, or Sheriff-i. e., Steward of the Shire. The division was originally intended for the convenient dispatch of judicial business, in local courts held before the sheriff, in conjunction, for a time, with the bishop. In modern times a similar use is made of the division, but the courts are held by judges of the courts at Westminster, who make periodical circuits for the purpose, or by county-justices in certain criminal and police cases, at Quarter Sessions, &c. The division also subserves the ends of the allotment of representation in parliament, and of taxation for local purposes; W. C. 1. Counties ordinary. Under which are ranged at present almost all, if not every one, of the counties of England and Wales. 2o. Counties Palatine-Chester, Durham, and Lancaster. Called so a palatio, because the owners or chiefs thereof had jura regalia, the Earl of Chester and the Bishop of Durham, probably because they bordered upon the inimical countries of Wales and Scotland (on which account also there were formerly two other counties-palatine-Pembrokeshire and Hexhamshire), and the Duke of Lancaster, perhaps because he was of the blood-royal. But none of these counties-palatine now remain in the hands of a subject, Chester having been united to the Crown by Henry III, Durham by Stat. 6 and 7 Wm. IV, c. 19 (A. D. 1837), and Lancaster by Stat. 1 Henry VII (A. D. 1485). (1 Bl. Com. 117 to 119; 1 Steph. Com. 120 to 123.) 3o. Isle of Ely. Never a county-palatine (though sometimes erroneously so called), but formerly a royal franchise, with jura regalia, vested in the Bishop of Ely, which, however, were transferred to the Crown by Stat. 6 and 7 Wm. IV, c. 87. (1 Bl. Com. 119; 1 Steph. Com. 123.) 4°. Counties corporate. Which are certain cities and towns, to which has been granted by the Crown the privilege of being governed by their own officers, and not by those of the county in which they are situated; e. g., London, York, Bristol, &c. (1 Bl. Com. 120; 1 Steph. Com. 123–’4.) E THE OBJECTS OF THE COMMON AND STATUTE LAW. BOOK THE FIRST. OF THE RIGHTS WHICH RELATE TO THE PERSON. THE objects of the common and statute law, as may be gathered rom the definition of municipal law, and its analysis, (ante p. 22, 14), are to define and secure rights, and to redress wrongs, so that the whole subject, (omitting the consideration of crimes and punishments,) may be classified under the several heads of, I. RIGHTS WHICH CONCERN OR RELATE TO THE PERSON; II. RIGHTS WHICH CONCERN OR RELATE TO THINGS; and III. MODES OF SECURING RIGHTS AGAINST INVASION, AND OF OBTAINING REDRESS FOR WRONGS; W. C. I. THE RIGHTS WHICH CONCERN OR RELATE TO THE PERSON. RIGHTS are correlative to DUTIES. They are said to be perfect when their existence in no wise depends on the judgment of another, e. g., in case of a debt; and imperfect when their existence depends on circumstances to be determined by the discretion of the party who is alleged to owe them, e. g., in case of charity. A perfect right may be enforced; an imperfect one cannot be. We are to discuss, (1), The rights which concern or relate to the person, in respect to natural persons; and (2), In respect to artificial persons, or corporations ; W. C. 1. Rights which concern or relate to the Person, in respect to Natural Persons. Rights of this character are either (1), Absolute rights; or (2), Relative rights; W. C. CHAPTER I. OF THE ABSOLUTE RIGHTS OF INDIVIDUALS. 1. The Absolute Rights, which relate to the Person, in respect to Natural Persons. Absolute rights are such rights as are independent of the relations of men in society, and which belong to every one alike. They constitute the liberties of the citizen. (1 Bl. Com. 123 & seq.) We may discuss the subject under the heads of, (1), The nature of liberty; (2), The several sorts of absolute rights; and (3), The solemn declarations and guards of absolute rights; W. C. 1o. The Nature of Liberty; W. C. 14. Natural Liberty. The right of disposing of Person and Property at pleasure, so it be not to the prejudice of another. (1 Bl. Com. 126, n (5); 2 Burlamaq. Nat. & Polit. Law, Pt. I. c. III, § xv.) 2d. Civil Liberty. Natural liberty so far restrained by human laws (and no farther), as is necessary and expedient for the public advantage. (1 Bl. Com. 125: Id. 126, n (5).) 3d. Political Liberty. The security with which, from the Constitution and from the established government, the subjects enjoy civil liberty. (1 Bl. Com. 126, n (5).) 2o. The Several Sorts of Absolute Rights. The several sorts of absolute rights include, (1), The right of personal security; (2), The right of personal liberty; (3), The right of personal property; and (4), The right of freedom of science; W. C. 1. The Rights of Personal Security. 1 Bl. Com. 129 & seq; 3 Bl. Com. 120, &c.; Synops. Crim. Law, 37 & seq. W. C. 1. Security of Life. Security of life is guarded even in the womb, it being a felony to bring about abortion; and if the child be born alive and die by reason of the injury, it is murder. (Synops. Crim. Law, 55; 1 Bl. Com. 129, 130, & n (11).) An unborn child, though illegitimate, may take property, if sufficiently described, (e. g., as the child of such a woman). (1 Bl. Com. 130, n (13); 2 Lom. Ex'ors, 35.) 2o. Security of Limbs, useful in fight, for defence or annoy ance. 1 Bl. Com. 130 & seq; 3 Bl. Com. 121. W. C. 1'. The wilful Disabling of Limbs. The wilful disabling of limbs useful in fight, constitutes the crime of mayhem at common law. (1 Bl. Com. 130; Synops. Crim. Law, 67; 4 Bl. Com. 205.) 2. Defence of Limbs. The necessary defence of one's limbs will excuse even homicide. (1 Bl Com. 130.) 3. Duress per minas. The most solemn acts and agreements are invalidated, if extorted by a well-grounded apprehension of the loss or disabling of limbs. (1 Bl. Com. 130-231.) 4. Support for Life and Member, provided for the Poor. 1 Bl. Com. 131. 5. Continuance of Rights of Life and Member, determined only by Death. The common law acknowledges two sorts of death, namely, (1), Civil death; and (2), Natural death. W. C. 18. Civil Death. Civil death is the state of a person who, though possessing natural life, has lost all his civil rights, and as to them is considered as dead. (1 Bl. Com. 132;) W. C. 1. Modes of Civil Death at Common Law; W. C. 1. Attainder of treason or felony. 1 Steph. Com. 132; 4 Bl. Com. 380. 21. Banishment from, or Abjuration of the Realm. 3. Entering into Religion, i. e., becoming a monk pro- Even in the times of popery in England, the law of England took no cognizance of monkish profession in any foreign country, and, therefore, this disability is held to be abolished since the reformation. (1 Bl. Com. 132; Rex v. Lady Portington, 1 Salk. 162.) 2h. Effect of Civil Death at Common Law. The party is regarded as actually dead, his will is admitted to probate, or administration granted, &c. (1 Bl. Com. 132.) 3. Existing state of the law in England. There can be no monkish profession in England since the reformation, (and of foreign profession no notice was ever taken); and abjuration of the realm |