Star.
London, England, 1804-12-25 00:00:00

OPINION OF THE JUDGES

ON TVS. RIGHT OT TNT RING TO Till CARL 311111
VDDCATION/ AND Till DIaPOSAL 311 11411.11.111G1 OP
OILANIKNILDMIN.

never obtained here through the general aver lion this
nation (always zealous of its liberties), had towards
them, and accordingly, wherever thefe writers differ
from our year boos and authentic reports, they are
not allowed to be of authority. And as to this part
of the Roman law in particular, which relates to the
pluriapeerjhu, it is acknowledged by all, even by Juf-
tmian himfelf, that it was In peculiar to the Romans,
that it never obtained among any other people what-
' foever.
.7tit mann poleatie, quod in 1i.3-roe babener,pro-
! rams rival++, Romanorum ; null min? flint homines, qai
talent in liberos habeant redlatem, qualem COI babennis
But to give a more particular anfwer to thefe
paffages, which are the only ones that have the kali
appearanCe of law, it is evident they cannot be made
to affed the cafe of the Royal Family by any other
condruEtion than what will eqnally affeft every other
family in England. But that from thefe pal:rages no.
thins can be concluded to determine the extent of the
pareuttotsta, in any family here, is clear from the rea-
son tin which the power of the grandfather among
the ROlll6llll is founded.
" Now the rearms of the Roman law why children
&could not be in the-power of the father, but of the
grandfather caclolive of the father, was. becaufc the
father htmfeU was not freijsrit, and in his power, but
in pestrat frace,la: flu maisetplOale, mancipioque; which
are the words of the law of the twelve tables ; and it
was nsaaifetUy abler& that he ilsould have others
in his power, who was not in his own.
" This fervile condition of the fon to the fad)
which had ordinarily no end, fill the father himfell
was pleafe.;,by emancipation, to put an end to it, being
the fok foundation of the grandfather's right to the
grand children, as well as to every thing elfe the fa-
ther was poffeffed of; when this Rate of the father
ct.ifed, the power of the grandfather neceffarily
ceafed with it. And fo it is declared in Jullinian's
Inltitutes, that if the fon was emancipated and let free
from the power of his father, the children begotten
after filch emancirion are not in the power of the
grandfather. but of the father.
" Rya fijolif enumipatiotem conceptsu 'omit lid
erritincipati patcflati Atjititur.
" But not to mfitt that by the laws of England no
father has fueh a power over his children, even in
their minority, as the Roman law gave, it is undeni-
able that with us marriage bath the nature of a tine
and proper emancipation of the perfon of the fon, and
by confuquence, even upon the grounds of the Ito-
man law, the gran 2:father wish its can have no right
to the children of the fon, but the father only. If,
therefore, nothing otberwife appears to didinguill the
cafe of the Royal Family, there can be no foundation
upon which any prerogative can be enabliffted in the
inikance now in quellion, and we humbly apprehend
that the only precedents which can be alledged to fop-
port fuch a prerogative,when confideted, will not be
tound fit fficient.
" The firil, in the tad Henry the Third, entitled
Amens :go Gal; &c. is only a sleclai

T 0 TOO IMO% MOST SIGMA-11ff MAJESTY.
" May it pleafe your Majetty,
In humble obedience to your Majelly's com-
mands. fignified to us by the Right Honourable the
Lord Chancellor, requiring the opinion of all your
M:),:(111.1: Judges upon the intrwing qtrefl ion, viz.
the edaration and the WC of the perform of kis
Mairity's vamdehildren now in England, and of Print* !wir
rick, the silica fun of his Royal Highnefe the Prince of Wales.
when hie Majefty Basil think fit to caufe him to eameinto &gimlet,
and the ordering the place of their abode, and appointing their
Goramortand Governeffu' and oars intimacies, attendants, and
tarmac and the care and approbation of their marriages. when
grown op, Woo; of right to his PAajefly as King of this Realm,
or nett
s. We whofe names are hereunto fubfcribed, being
ten of your blajefty's Judges, together with the other
two Judges, having taken the fame into confideration,
and after the moll diligent (catch that we could in
this time make into aas and proceedings of lia-
Ingot, treaties, public inanimate and records, hit.-
twice and law books, and confideratioa of the powers
and prerogatives which from time to time, in very
many inftances, have been ezercifed and owned to
belong to your Maje*y's Royal ancellon and prede •
cefors, with relation to the marriages and care of the
perfons of the branches of the Royal Family, and of
the great concern of the whole kingdom in fo impor-
tant a troll, and after having, purluant to your lila-
jefty's farther .command, fignified in like manner to
us, bard a Learned Serjeant at Law, who by the
command of his Royal Highnefs, laid before us fere-
ral things relating to the queftion aforefaid ; and after
conferates and deliberations upon all the matters
stforefpla; and what occurred tfi us and the other
JudtiS thviutioo, we are humbly of opinion that
the eftue4iton •rinel the care of the perfons of your
MajOly's grand-chldren now in England, and of
Prince Tsederick, Weft fon of his Royal Highnefs
the ?nisei of Wales, when your Majely (hall think
it a acre him to come into England, and the order-
41x the place of their abide, and appointing their
Governors and their Gcretneffes, and other inftruc-
toe% attendras and fer rants, and the care and ap-
qtritien of their marriages when grown up, do be-
. *f_ right to your Majetty, as King of this Realm.
All which ae molt humbly Mink to your Royal
Jiliply's great wifilons.
. (Signed) ?LULL, I. TILACT,
T. men, R. 00014514
T. ROOT, J. ?KATT,
•
L. POWYS, J. MONTAGU!,
•
J.
. . ,
ILLSCOII, FORTY SCUL.A.
1100‘.1 Price's ad Mr. Justtee Eyre's Ironton upon the
Prides% Cafe, Fever, 7[7. _ _ _

Ta the Mato NV Excellest Ytjh. Rymer, de At. ..dra it, ,afiidi. &c. .-. ,
" May it pleat/ your Malay, ration under the Great Seal that Wm. Talbot had
"In humble obedience to year Majefty'scoaansands fturendered to King Heore c
hi Thirdalle Cattle ofI
ignified to your judges by the Right Hon. the Lord Gloucefter, a Alianoram reclangrwant fuer Imam', in-
Chancellor, we have taken into canfideration the lot- ralesnens. What can
farth be
er inf
herred
that tft orn hence is hard 1
lowing quellion (as given above.) to determine any tan his Alianor was
s.And we are humbly of opinion, that the educe- in ward to the Crown, and had been committed to the
lion and care of the perfonsof your Majefty's grand- care of Talbot, who had furrtialeeod her and her
children, the drdkring the place of their abode, and' elate Ede Irvin to the King.
appointing their Governor., Governeffes, aqd other . 6' The other precedent, which is in the 1 ith of
initrigtors, attendants, and ferm 1 ata belong to the Henry the Fourth, is a grant of an anrual film of
Prince, their father. But that the care and aproba- goo mat Its to the Prince of Wales for the
tacoes pee of
tion of the.* marriages when grpven up, belongs to ! toe maintenance of E,1tnu..,1, F.A,I of Mar nd
your Majally, as King of this Realm. his brother, fo long as they Ihould remain in the
I,orhis, Sr, is our hasuihle opinion, hut when we Prince's cultody, to whom they had been commit-
set:maim your Majefl y that the care and tippet-dn.- ted the February before. A• to this it appears hy the
Lion of the marriages of your grar.d children belong ! !minty and records of thCfe time; that Roger de
to your Majefty as King of this Realm, we define to I Mortimer, their father, was killed in Ireland 23
be underßood as fpeaking of a care and approbation i R. 2. and that their mother loon alter married Sir
ant exclufiveof the Prince their father. But as your I Edward Charlton, Lot d Provis. and died 7th
Majeßy's cafe will a:ways be employed for the good Henry 4•
ho that the eldeft Jon was then in ward
of the Royal Fatnily and the weltare of pine pe Isle, en the Crown; by :Talon of his lands held of the
fo is it a duty inclimbent upon every member of the Crown, as ere his Lnrelfhips of Wigniore and
Royal lisally to apply to your Majefty, and receive Clare inter alit; and his brother Roger was then an
your Royal approbation upon every occation of this infant of very tender age, and under the care of the
ind, for we and that all negotiations of marriages King as next telation ; and it appears that he died
in the Royal Family have been carried on by the in- very young ; in which latter cafe we humbly con-
tervention oldie Crown, andfuch marriaaes as have ceive that the care which the King was pleat-eel tc take
been contra ted without the Royal con'ent and ap- of an infant and orphan In nearly related to him, will
probation, have been thought contempts of the regal not be a precedent to elf atililli a power in the Crown
autbrarity ; but we find nn intlance where a marriage ' to diipofe of the cuftody of a child while the father is
has Open treated by the Crown for any perion of the living.
Royal Family, without the coufent of the father, and . .1 If any Reefs can be laid upon printed hillory, the
we beg leave to Milne your Majefty that there is no : cafe of Richard, fon to Edward the Black Peirce,
one espreffion in any of our law books that warrants will he an inftance againft this power, fiippofed to
say fuch affection. Ibe lodged by law in the .grandfather. He being a
" As to the other part of the queftion, in anfwer 1 minor, lived with tell hip
as Governor, of his family, and
to which we cannot concur with the other Judges, ie I his father appointed his of which we have
is our duty humbly to lay before yrur Majefly, that this relation in Holingfhead : thaaSir Simon Sadie,
in our opinion the father bath in all cafes a right to kinfman to Dr. Blithe, one of the initiators of Ed-
die euftody and education of his children, and this ward the Black Prince, having been admitted rig
am
we take to be clear from the general rule of law. other young Gentlemen to be fchoohfellow withe
" This right of the father, is laid in our books. to Prince. he grew in such favritmand credit with him,
be foundedaure noires, and to be annexed by nano e that afterwards, when hs 6.n,
ial Rictrullhardand entfi of Bord
deaenceux,
to the isogon of the father. In cafe of younger cl.il was barn, the Prince,
foi fpec
de en it never was difpnted, and in regard to the eldeft wieich hc had in the laid Simms Barit
e. committed the
fon or daughter, and heir, to whom lands defeended governance and education of his fon Richard to him ;
from a collateral ancellor, the right of the father ob- and, after the death of the Black Ponce, it appears
taineJ even againli the Loan, though his feigneural by two very remarkable inflance* in our hillot y, that
tight to the wardfhip of his tenant during the minority Richard continued with his mother till the death of
prevailed agatnlt the grandfatherandallotheranceftors his grandfather, King Edward the Third.
lineal and collateral. Linleton,Coke, andVangiian, all .6 The yaunger children of Edward the Fourth lived
agree, that none can have the euftody of aimsn'. fon with thair mother, whole wardthip fhe declared the
and heir apparent from the father, and the cont. c:aimed by the advice of LearnedCoutifel, according
mon cafe of a tennre in foccage, even the mother has to thc telatii n ;veri us by SirThos. More, afterwards
the tight ii guardisothip after the death of the father, laird Chancellor of England, in bis hiftory of thole
preferable to the grandfather. From hence wee take time.. Nor as
it then cretended that the King had
st to be the general rule of law, that the gitarcfitfip any 'Wit ta their education or the care of their per.
of the children is a right common to every fithjefi in I tons ; and although the Qeen wasp* evailed uyon to
this kingdom who is a father, without exception. I pal t with her fon, Richard Duke of Y. rk, her datigh.
ea urn the bell feareh we have hewn able to snake, ; ters retrained in her cuflody thl the hettelf was con-
we can find but two books written by Englifh lawyers. I tented to lend them to Conrt.
that can pntiihli !since a contrary op' r Braftan n std
o the education of
dnr the
ingir latthe Malnorities, it
elites, Q.:i_een
and Flea). Brallon, treating di parria prelate, 1.475,! MaryA an Qaeen Anne, eir m
.tai fajta:Neer du, unorennfriter, I. e. meter mu r: arra, 'does not appear tons that their uncle, King Charles
ogre in fro pcker fun!. a rutp prmrptts, a 6!‘i,- 11. anp..inted their governeffes and hervants, or any
cep interii and, as tweak potion fun: j/ii Tri 'tr./irate, one perfon that attended them, and we arc not enough
isaafto et igiiirwr nrarroirenio, dew is neptilini it proarpori- I acquainted with the eiteumtiances of the Dille of
but, gammon ad JOIN et prcav plenum i which I i-ra Gl..iicelTer's cafe to make the properrernal ks ; but it
has la,. laid iii almost the to
words, and which teem. to have been by agreement with the King ; and
both have taken from Jullinian's inftitutes. '1 Ms we humbly conceive that the motion in Parliament,
thews it to have been a part of the Roman law, hut it t ath Dec. 1699, for an addrets to the King to remove
!pelt; -r ie, nor As 'a e conceive ever was, a part of the the then Wimp of &Minify (Gilbert Burnett, D.D.)
law of Eriolana. It is well known that Boteron and from being his preceptor, can be of no weight in edits
Flaa v rote their feveral treatifesupnn the plan of the matter. fince it pallid in the negative.
1 ir.1.:1;.1 law., am: it is as well known that thole laws "It is tatifSble that fometbing may be inferred in fa.

your of this prerogative, from that article of the treaty
Paid to be made by James I. concerning the match
with Spain, ivhi..ll related to the nurture and education
of the children of that marriage. It is not to the
prefent creftion to confider, whether•there ever was
filch a treaty as is related by Rufhworth or not. It
is certain that it is not to be found upon record,
the proper evidence of all public treaties. The arti-
cles of the treaty are faid in Rufhworth to be ftyled
by the Cardinals, Propofitions for the right augmen-
tatien and weal of the Roman Ca•nnlic Religion.—
And in truth, almnft every article is fo derogatory
to the fupremacy of the Crown and the flatutes made
for the ettaNliihment and leeway of the Church of
England, that it could have carried no fort of au-
thority with it in point of law, even though it had
appeared in a regular manner under the Great Seal,
and not from the report of hiltorians only. Nor can
the oath be laid to be taken by Prince Charles, while
in Spain, to intercede with his father, that the ten
ycats of the education ot the children which
Ihould
be born of his marriage with the Infanta, accorded
in one of the articles of this treaty, might be length-
ened to the term of twelve years, as the Prince detir-
ed, be looked upon as a precedent to determine what
the law of England is. The right to the care and
education of the children of that marriage, had it
taken effe& was not then in difpute, and had t been
fo, nothing can be concluded from the voluntary en-
gagement of the Prince, in favour of a marriage Co
much detired by hinsfelf as well as by his father,
wherein the queflion of this right was never the lub•
jea of debate.
" There was indeed an article in the treaty with
France upon the marriage of King Charles the Fink
with Princes Henrietta Maria, whereby it was agreed
that the children of that marriage fhould he brought
op with their mother till their age of thirteen, but it
is evident that treaty was made with King Charles
the Firlt after his accellion to the Crown, and not
with King James his father. King James, it is true,
knt over the Earls of Carl& and Holland to treat
of that match, but the treaty was not concluded till
after his death, and then by powers from King
'Charles the Fit ft, whole flipulations for the educa-
tion of his own children could need no affitlacce
from his prerogative.
" Thus have we humbly laid before your Majefty
what we have to offer in relation to the books and
precedents that have fallen under our confideration
upon this head, which we cannot think fufficient to
infer a prerogative in your Majelly as King of this
Realm, in the care and education of your Majefly's
grandchildren during the life, and without the con-
tent, of their father ; a prerogative, as we humbly
apprehend, hitherto unknown to the laws of Eng-
land.
" All which is moil humbly fubmitted to your
Majelty's great wifdom. (Signed)
10111 AT
" a. SM."

. •
. •
• • •
'•
ali.s was 4 never obtained here, through the general am lion this
OPINION OF THE JUDGES nation (always zealous of its liberties), had towards
•-•.---a-- them, and accordingly, wherever thefe writers differ '
OP TOL RIGHT 07 TPA RING TO TIII CASS AND
not from our
ow year
books r bolc
auth and
orit authentic rep
asortto they are
Till
SDOCATION, AND DIaPOSAL IN 11411.LIAGS OP
allowed tf y. Ands part
of the Roman law in particular, which relates to the
1 PIS onsetcattoasm.
i patespoesy, it is acknowledged by all, even by tuf-
o TOT Mao's MOST TIGHT-HIT MAJESTY. titan himfelf, that it was In peculiar to the Romans,
" May it pleafe your Majetty, that it never obtained among any other people what-
' SI In humble obedience to your Majefly's earn- foever. Jut won menu:, quod in lih-roe babemul,pro-
., stands. fignified to us by the Right Honourable the logien ell revision Romusonati ; milli twin? Jim! hlrnines, qui
Lord Chancellor, requiring the opinion of all your I tato: in liberoe habervit pidlateni, gualem mom habeititts.
Ma 'fly's Judges upon the I rtwing qtreflion, viz. " But to give a more particular anfwer to thefe
impair
vtandhechedurenaestionnowandin tEhnegleare.cusindtheaperfonsmon
wawa ids pa Wages, . . arethe only ones thathave the lea
fl
which 1 ft
ricks the atticit fun of his Royal tlighnefs the Prince of Wales. appearance et law, it is evident they cannot be made
when hie Majefty fhail think of to cage him L
and ensehno iistangt, to aired the cafe of the Royal Family by any other
and the ordering the place of their abode, d appointing their . enntiration than what will equally affea every other
fllevernenand antiatiove emefto, and ethos harmonies, attendees., and Family in England. But that from thefe paffages no.
tart and app►ubstlm of that marriages' when thing can be concluded to determine the extent of the
grown up, belong alright to Ida Majetly as King of rods Realm, -
. patoaporaeas in any family here, is clear from the Tea-
or not?
kWe whole names are hereunto fubfcribed, being fon Ott which the power of the grandfather among
the Romans is (.funded.ten of your Majefty's Judges, together with the other
two Judges, having taken the fame into confederation, , " Now the reafon of the Roman law why children
and after the melt diligent (catch that we could in' ' lhould not be in the ewer of the father, but of the
this time make into aas and proceedings of Kilia. grandfather exclulive of the father, was. becaufe the
meet, treaties, public inftruments and records, WI- father himfelf was not foijurii, and in his power, but
Olio and law books, and onfideratioa of the powers in purl, funti.'illt Jul manes potOtte, tenneipioque; which
and prerogatives which from time to time, in very are the wards of the law of the twelve tables ; and it
ma
inftances, have been exercifed and owned to was manifelily abiurd, that he fhould have others
belong to your Maje*y's Royal aneeffoes and prede • in his power, who was not in his own.
adore, with relation to the marriages and care of the " This fel vile condition of the fon to the Gaon.,
perfons of the branches of the Royal Family, and of which had ordinarily no end, till the father himfell
the great concern of the whole kingdom in fo impor. was pleafed,byemancipation, to put anendto it, being
tant a troll, and after having, purluant to your Ma- the Cole foundation of the grandfather's tiht to cite
jelly's farther .command, fignified in like manner to grand children, as well as to every thing elie the fa
command a Lem emend
Serjeant at Law, who by the thee was poffeffed of ; when this Rate of the lathe'
command (AM,' Royal Highnefs, laid before us fere- ecafed, the poser of the grandfather necefferill
rat things relating to the queftion aforefaid ; and after ceafed with it. And Co it is declared in JultinianO
coofnentes and deliberations upon all the matters Inltiones, that if the fon was emancipated and let fret
aforellikr, and what occurred to us and the other from the power of his father, the children herder
J- Ems" thgniutiona we are humbly of opinion that after filch emancips'ion are not in the power of chi
the effueatto aind the care of the perfans of your grandfather. but of the father.
Me
graridoeloldren now in England, and of " Ropokfipeof entancifratiettent concept": fuerit,patris fa
Prince Tsederick, Weft fon of his Royal Highnefs entankbatcflatifrtfititue•
the Prato
,;s1 Wales, when your Majefly (hall think " Butt to main that by the laws of England •ni
fit he eitufe him to come into England, and the order- father has fueh a power over his children, even ii
at flee place of their abode and appointing their their minority, as the Roman law gave, it is undeni
Oso7apenors and their Gcretne'ffes, and other influx- able that with us marriage bath the nature of a tie
,tewt,ittendrat and fer rants, and the care and ap. and proper emancipation of the 'neon of the fon, an,
, den of their marriages when grown up, do be- by conf.quence, even upon the grounds of the Ito
, • krf right to your Majelty, as King of this Realm. man law, the gran ifatber with us can have no righ
4.•
All which ate moll humbly fubmit to your Royal to the child: en of the fon. but the father only. I;
Adahadys great talons. therefore, nothing otberwife appears to dillinguifh th
. • (Signed) roan, It. TSACT, cafe of the Royal Family, there can be no fnundatio
P. KING, a. Doamaa, upon whist) any prerogative can be eftablifited in th
T. SOLT, J. ?KATT, indirect now in queflion, and we humbly apprehen
•
. . L. ?owes, I. MONTAGU!, that the only precedents which can be alledged to fief
• . ' .3. stereos, tom scut, s. Port fuels a prcrogative,when confideted, will not t
Mr. free Prices and Mr. juatee Eyre's eviction upon the found fufficient.
Pritieses Cafe, Ma t, 17t7. " The firft, in the 22(1 Henry the Third, entitle
Te the Kites Afg Excellent SW". Rymer, de Aliatiorailio Gal; jai. &c. is only a cled
" May it pleat/ your Malay, ration under the Great Seal that Wm. Talbot ha
"In humble obedience to your Majefty'acoamnands Parendered to King Heirs' the Thirdalle Cattle I
ignified to your Judges by the Right Hon. the Lord Gloucefter, a .11iaaoram renfanguineant fuer Internee i
Chancellor, we have taken into canfideration the fol. eakstens. What can be interred
nom hence is hat
lowing quellion (as given above.) to determine any farther w
" And we are humbly of opinion, that the educe- in ward to the Crown, and had been committed to tl
tion and care of the perfon, of your Majelly's grand- ore of Talbot, who had furrendeted her and h
children, the drdering the place of their abode, and eftate fafe again to the King.
appointing their Governors, Governeffes, sad other ! " The other precedent, which is in the i ith
infiraaors, attendants, and tenants belong to the Henry the Fourth, is a grant of an initial fum
1
Prince, their father. But that thc care an d apprrba- too mat ks to the Prince of Wales for the espence
tion of their Marrges when grpwn op, banns to ! tile maintenance nf EdtnuaJ, Fail nf March, Al
your Majally, as sing of this Realm. his brother, Co long as they Ihould remain in t
'Vbie, Sir, is our homble opinion, hut when we Prince's cultody, to whom they had been Comm
secraint your Majefl y that the care and approba- ted the February before. As to this it appears by t
lion of the marriages of your grar.d children belong I Mikity and records of thCfe times that Roger
to your Majefty as King of this Realm, we defire to I Mortimer, their father, was killed in Ireland
be underftood as (peaking of a care and approbation , R. 2. and that their mother fonts after married
ant exclufive of the Prince their father. But a, your I Edward Charlton, Lot d Powis, and died s,
Majelly's care will always be employed for the good Henry 4•
to that the eldell Jon was then in ws
of the Royal Faddy add the weltare of pine pe 'pie, to the Crown; by rcafon of his lands held of I
fer is it a duty incumbent upon every member of the Crown, as were his Lesnifhips of Wigniore a
Royal Fasaily to apply to your Majefty, and receive Clare inter cilia ; and his brother Roger was then
pose Royal approbation upon every occation of this infant of very tender age, and under the care of
kind, for we and that all negotiations of marriages King as next relation; and it appears that he d
' in the Royal Family have been carried on by the in- very young ;in which latter cafe we humbly c
tervention of the Crown, andfuch marriages as have ceive that the care which the King was pleafcd to t
,1,
• been conttaaed without the Royal con'ent and ap- of an infant and orphan fo nearly related to him,
probation, have been thought cotitempts of the regal not be a precedent to ellahlilli a power in the Cu.
autbority ; but we find nn intlance where a marriage ' to difpott of the cuftody of a child while the faohe
• has Ogen treated by the Crown for any perfon of the living.
Royal Family, without the cadent of the father, and . oif any Reefs can be laid upon printed hiflory,
we beg leave to Aare your Majelly that there is no : cafe of Richard, fon to Edward the Black Pin
one expreffion in any of our law books that warrants will be an inftance againft this power, nippofei
say fuch affettion. Ibe lodged by law in the .grandfather. He bein
" As to the other part of the queftion, in anfwer I minor, lived with his father as part of his family,
'• to which we cannot concur, with the other Judges, is I his father appointed his Governor, of which we I
is our duty humbly to lay before your Majefly, that this relation in Holingfhead : tbat.Sir Simon Bei
in our opinion the father bath in all cafes a right to kinfman to Dr. Blithe, one of the initiators of
I the euftody and education of his children, and this ward theoun Black Prince, having been
ladmitnw wt]: ted are
we take to be clear from the general rule of law. other
" This right of the father, is laid in our books, to Prince. lie grew in inch favnunand credit with
be foundedture sours, and to be annexed by nano e that afterwards. when his
to the perfon of the father. In cafe of younger cl.il was barn, the Prince,for fpecial tetra and cfsnfid
yg Gentlemen to be fchooelli
fn, Richard of War&
diets it never was difputed, and in regard to the eldea wisich he had in the laid Simnn Burlie. committe•
• ' fin or daughter, and heir, to whom hinds defeended governance and education of his fon Richard to I
1 from a collateral ancetior, the right of the father ob- and, after the death of the Black Ptince, it RP!
taincJ even againtl the Lotto, though his feigneural by two very remarkable inflame* in our hillor y,
tight to the warsifhip of his tenant during the minority Richard continued with his mother till the dea
prevailed agatnil thegrandfatherandallotheranceftors his grandfather, King Edward the Third.
s lineal and collateral. Linleton,Coke, andVanglo.n, Ail .. The yaunger children of Edward the Fourth
• agree, that none can have the euftody of a man's fon withmed by t thair
hothed r, whole
Le warneardthip Ihe
fe decaccolare
• ' and heir apparent from the father, and in the cons. cI aime avice of dCounl,
man cafe of a tenure in ((scene, even the mother has to thc /elanc elan: n
l;Ov of en us b
gly Sir•l'l
inhlos. W
hiftoe, of
the tight cf guardiaisthip after the death of the father, lased Chancellor by Sir
is ory f
preferable to the grandfather. From hence we take timer. Nor Nas it then tretended that the Kin
st to be the general ride of law. that the gotardianll.;p any tiaht ta their education or the care f thcil
of the children is a right commt.n to every Itthjeft in I tons ; and although the Qeen was prevailed of
this kingdom who is a father, without exterior. I pals with her fun, Richard- Duke of Y. rk, her d
n upon the belt karat we have been able is
make, ; tees refrained in her cuflody ti:l the hated- wa
we can find but two books written by Englifh lawyers, I tented to tend them to Court.
. • that can pntrihly !adnce a cnntrary op' (Braaan
and Flea). Bralton, treating di narria petriate, lays,! Mary A ,),1 Queen Anne, dnring their minorit
ogre exite Ire ft dui sivortnerilir, I. e. metes true e: nerie, 'does not appear tons that their uncle, King C
1 ogre is era pa
fwd. et prenep: et pr7nrptee, a dei,- 11. Ara ...lutes' their governeffes and fervent', I
1 ceps neterii and, is prelate potent funt flit qui isefewriewr one perfon that .Mended them, and we arc not ei
I 1 isaaflo et igitites maerimenio, ides. in Repave et proarpott- I acquainted with the circumti•nces of the I)
but, quantum ad JOIN tt preay.7l patentee i which I i-ta Gl,acelTer's cafe to make the properremat kr ;
Las 'au-, laid in almoa the tame words, and which teem. to have been by agreement with the Kini
4 both have taken fr.m Jutliniau's inflitutes. .I.•is we humbly conceive that the motion in Parli,
thews it to have been a part of the Roman law, Lut it t ttit Dec. I Son, for an addrets to the King to r
I • !nen; -r is, nor as is e conceive ever was, a part of the the then BAIT of Salifbury (Gilbert Burnett,
• lir: of Ern,lana. It is well known that Britton and from being his preceptor, can be of no weight
Flag o rote their feveral tteatifesupnn the plan of the matter. fence it pallid in the negative.
st :e.. .a :ol law., ~.a it is as well knuwn that thole laws "It is pufGhle that (unseating may be inferre