James Kent's Commentaries: Of Master and Servant

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   1. Principles of Moral Philosophy, p. 158, 159.
   2. Inst. 1. 3. 4.
   3. Com. vol. i. 423.
   4. Instit. 1. 3. 2.
   5. 1 Blacks. Com. 424.
   6. Smith v. Gould, 2 Salk. 666. 2 Ld. Raym. 1274. contra Butts v. Penny, 2 Lev. 201 and Lord Hardwicke, in Pearne v. Lisle, Amb. 75.
   7. Loft's Reports, l. Harg. State Trials, vol. xi. p. 339.
   8. l Ersk. Inst. 158. Kaimes' Principles of Equity, vol. ii. p. 134.
   9. Alfred v. Marquis of Fitz James, 3 Esp. Cases, 3.
   10. Observations on the Statutes, chiefly the more ancient, p. 232-241.
   11. 1 Mitf. Hist. 355.
   12. 1 Potter's Antiq. of Greece, 57-67-72.
   13. 1 Gibbon's Hist. 66-68.
   14. 1 Gibbon, ubi supra. Taylor's Elem. of the Civil Law. 433-436. The horrible excesses and cruelty inflicted upon slaves, in ancient times, and particularly by the Romans, and the barbarous manners, and loss of moral taste and just feeling, which were the consequence, are strikingly shown and illustrated from passages in the classics, by Mr. Hume, in his very learned Essay on the Populousness of Ancient Nations
   15. Littleton's Ten. sec. 189, 190. Hallam's View of the Middle Ages, vol. i. 122, 124. vol. ii. 199.
   16. See cases cited in Winchendon v. Hatfield, 4 Mass. Rep. 128.
   17. Dane's Abr. ch. 46. art. 2. s. 3.
   18. Reeve's Domestic Relations, p. 340.
   19. Colony Laws, Smith's edit. vol. i. 62.
   20. Colony Laws, vol. i. 72.
   21. Colony Laws, vol. i. 193-199.
   22. They were occasionally adjudged to the stake, and an execution of this kind, and probably the last of this kind, was witnessed at Poughkeepsie shortly before the commencement of the revolutionary war.
   23. Colony Laws, vol. i. 283, 284,
   24. Act of 20th of March, 1731, ch. 32. s. 6.
   25. Act of 1st of May, 1786, ch. 58. s. 29, 30.
   26. Act of 22d of February, 1788, ch. 40.
   27. Act of 22d of March, 1790, ch. 28.
   28. Art of 29th of March, 1799, ch. 62.
   29. Act of 30th of March, 1810, ch. 115.
   30. Laws of N.Y. sess. 40. ch. 137.
   31. Act supra, s. 15., and act sess. 42. ch. 141. s. 3.
   32. 1 Blacks. Com. 431. Dy. 161, pl. 45. Ibid. 238. b. pl. 38. Grammer v. Nixon, Str. 653. Sly v. Edgley, 6 Esp. N.P. Cas. 6.
   33. Lord Kenyon, in Ellis v. Turner,8 Term Rep. 533. Parker, Ch. J in Foster v. The Essex Bank, 17 Mass. Rep. 508-510.
   34. 1 East, 106.
   35. 17 Mass. Rep. 508-510. Croft v. Alison, 4 B. & Ald. 590. S.P.
   36. 1 Bos. & Pul. 404.
   37. 1 Blacks. Com. 428. 1 Hawk. P. C. b. 1. ch. 29. sect. 5. b. 1. ch. 60. sect. 23.
   38. Elements of the Civil Law, 413.
   39. 1 Ld. Raym. 62. 1 Salk. 407.
   40. 2 Rol. Abr. 546. D. 1 Blacks. Com. 429. 1 Hawk. P. C. b. 1. c. 60. sect. 23, 24. Reeve's Domestic Relations, p. 378.
   41. L. N.Y. act of Feb. 1810, ch. 11.
   42. The King v. Inhabitants of Cromford, 8 East, 25. The King v. Inhabitants of Arnesby, 3 Barn. & A1d. 584. In the matter of McDowles, 8 Johns. Rep. 328.
   43. 4 Greenleaf, 36, 40.
   44. Respublica v. Keppell, 2 Dallas, 197.
   45. Day v. Everett, 7 Mass. Rep. 145.
   46. 1 Mason, 71.
   47. 19 Johns. Rep. 113.
   48. The King v. The Inhabitants of Stockland, Doug. 70.
   49. Hill v. Allen, 1 Vesey, 83. Barber v. Dennis, 6 Mod. 69.
   50. In taking leave of the extensive subject of the domestic relations, I cannot refrain from acknowledging the assistance I have received from the work of the late Chief Justice Reeve on that title. That excellent lawyer and venerable man, has discussed every branch of the subject in a copious manner; and though there is some want of precision and accuracy in his references to authority, and sometimes in his deductions, yet he every where displays the vigor, freedom, and acuteness of a sound and liberal mind.
      I would here further observe, that since the preceding sheets were put to the press, I have met with the late case of Lewis v. Lee, in the English Court of K. B., reported in 3 Barn. & Cress. 291, in which it is adjudged, upon demurrer, that though a woman be divorced a mensa et thoro. and lives separate and apart from her husband, with an ample allowance as and for her separate maintenance, she cannot be sued as a feme sole. This decision had not been seen when the observations were made at pages 132 and 136 of this volume; whether it is to be received as law in this country, in preference to the opinions of the Editor of Bacon, and of Lord Loughborough, there referred to, must be left for future judicial discussion.