of curates during an incumbency. Where an incumbent does not duly reside, the bishop is empowered to grant a satisfactory fixed salary to the curate out of the proceeds of the benefice.

CHURCHWARDENS are the guardians or keepers of the church, and representatives of the body of the parish. They are annually appointed in Easter week, sometimes by the minister, sometimes by the parish, and sometimes by both, as custom may direct, and are, by virtue of their office, overseers of the poor.

PARISH CLERKS are regarded by the common law as persons who have freeholds in their offices; but by stat. 7 & 8 Vict., c. 59, they may be suspended by the archdeacon for misconduct or neglect.

The SEXTON is chosen by the incumbent, unless custom has given the right to the parishioners. His duties are to superintend the church, preserve order, and to dig graves when necessary.

The BEADLE is chosen by the vestry, principally to attend upon them in vestry meetings, and to give notice of them to the parishioners, and to assist in the apprehension of vagrants.

CHAPTER XI.

THE CIVIL STATE,

We shall now direct our attention to the lay part of Her Majesty's subjects, or such of the people as are not comprehended under the denomination of Clergy, and which may be divided into three distinct states:-1. The Civil.-2. The Military. 3. The Maritime.

Explain these Three Distinct Estates.

The CIVIL STATE includes all orders of men, from the highest nobleman to the meanest peasant, who are not included either under the clergy, or under one of the two latter divisions, viz., the Military and Maritime States. It may, indeed, include individuals of the other three orders, for a nobleman, a knight, a gentleman, or a peasant may become a divine, a soldier, or a seaman.

The Civil State consists of the NOBILITY and the COMMONALTY. All degrees of nobility or honour are derived from the Crown as their fountain, and the Sovereign may at pleasure institute new titles. Hence it is that all degrees of nobility are not of equal antiquity. Those now in use are dukes, marquises, earls, viscounts, and barons.*. -A DUKE is the first title of dignity after the Royal Family.- -A MARQUIS, marchio, is the next degree of nobility, which was first conferred upon Robert de Vere, Earl of Oxford, whom Richard II., in the year 1386, created Marquis of Dublin.- -An EARL is a title of nobility so ancient that its origin cannot be clearly traced.- -VISCOUNT, or ViceComes, first conferred by Henry VI., when he created John Beaumont a peer, by the name of Viscount Beaumont.- -A BARON'S is the most general and universal title of nobility, for originally every

*For the origin of these titles and their introduction into England, see Selden's "Titles of Honour."

one of the peers of superior rank had a barony annexed to his other titles.- -PEERS are now created by either writ or patent. The creation by writ, or the Sovereign's letter, is a summons to attend the House of Peers by the style and title of that barony which the Sovereign is pleased to confer. Creation by writ has an advantage over that by patent; for a person created by writ holds the dignity to him and his heirs, without any words to that purport in the writ; but in letters patent there must be words to direct the inheritance, otherwise the dignity enures only to the grantee for life.

The COMMONALTY, like the nobility, are divided into several degrees; and as the lords, though different in rank, yet all of them are peers in respect of their nobility; so the commoners, though some are greatly superior to others, yet all are in law equals in respect of their want of nobility.

The first personal dignity after the nobility is a knight of the Order of St. George, or of the Garter, instituted by Edward III. in 1344. Next, after certain official dignitaries, follows a knightbanneret, who is ranked next to barons. The Baronets are the next order, which title is a dignity of inheritance usually descendible to the issue male. Then follow Knights of the Bath; Military Knights Grand Cross, and Civil Knights Grand Cross; Knights of the Thistle and Knights of St. Patrick. There are also the orders of Knights Grand Commanders and Knights of the Exalted Order of the Star of India.

ESQUIRES AND GENTLEMEN.-Every esquire is a gentleman, defined to be one qui arma gerit. Esquires by law may be such by virtue of their offices, as justices of the peace, or those who bear offices of trust under the Crown-barristers-at-law and doctors in the learned professions.

A YEOMAN is one having free land of forty shillings by the year, who was anciently thereby qualified to serve on juries, vote for knights of the shire, and do any other act for which the law requires one who is probus et legalis homo.

The MILITARY STATE* includes the whole of the soldiery,

*See for Army regulations, 10 & 11 Vict., c. 37; and for the Navy, 10 & 11 Vict., c. 63; also 34 & 35 Vict., c. 86, an Act for the better regulation of the regular and auxiliary land forces of the Crown, for compensation to officers holding saleable commissions, and other purposes.

or such persons as are peculiarly appointed from among the rest of the people for the safeguard and defence of the realm. The Militia, Volunteers, and irregular forces of all kinds, are regulated by various Acts of Parliament.* Soldiers in actual military service may make nuncupative wills, and dispose of their goods, wages, and other personal chattels without those forms, solemnities, and expenses which the law requires in other cases. The Royal Hospital at Chelsea is appropriated for the maimed soldiers, and such as are worn out in their duty.

The MARITIME STATE is nearly related to the former. The Royal Navy of England has ever been England's greatest defence and ornament, its ancient and natural strength-the floating bulwark of the island. With regard to the privileges conferred on sailors, they are pretty much the same as those conferred on soldiers, provision being made for their relief when maimed or wounded, or superannuated. They have also the same power of making nuncupative testaments.

*See General Militia Act, 42 Geo. III., c. 90; and 14 & 15 Vict., c. 32; 15 & 16 Vict., cc. 50 74, & 75. For Volunteer, Rifle, and Artillery Corps, see 26 & 27 Vict., c. 65.

THE THREE GREAT RELATIONS IN PRIVATE LIFE.

Having briefly commented on the rights and duties of persons as standing in the public relations of magistrates and people, let us now consider their rights and duties in private relations.

What are the Three Great Relations in Private Life?

1. MASTER and SERVANT, which is founded on convenience, whereby a man is obliged to call in the assistance of others, where his own skill and labour are not sufficient to answer the duties incumbent upon him.———2. HUSBAND and WIFE, which is founded in nature, but modified by civil society; the one directing man to continue and multiply his species, the other prescribing the manner in which that natural impulse must be confined and regulated.- -3. PARENT and CHILD, which is consequential to that of marriage, being its principal end and design; and it is by virtue of this relation that infants by law are protected, maintained, and educated.

But, since the parents, on whom this care is primarily incumbent, may be snatched away by death before they have completed this duty, the law has therefore provided a fourth relation, that of GUARDIAN and WARD, which is a kind of artificial parentage.

Explain the Relative Rights and Duties of Master and Servant.

There are several sorts of servants acknowledged by the laws of England. The first are MENIAL SERVANTS or DOMESTICS. The contract of a menial servant arises upon the hiring, and if the hiring be general, without any particular time limited, the law

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