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RIGHTS OF PERSONS,

ACCORDING TO THE

TEXT OF BLACKSTONE,

INCORPORATING THE

ALTERATIONS DOWN TO THE PRESENT TIME.

BY

JAMES STEWART,
OF LINCOLN'S INN, ESQ., BARRISTER AT LAW, M. P.

LONDON:
EDMUND SPETTIGUE,
LAW BOOKSELLER AND PUBLISHER,

67, CHANCERY LANE.

1839.

Recently Published by the same Author,

In one Vol. 800., price 138.

THE

PRINCIPLES OF THE LAW OF REAL PROPERTY,

ACCORDING TO THE TEXT OF BLACKSTONE,

INCORPORATING THE ALTERATIONS DOWN TO THE PRESENT TIME.

LONDON: PRINTED BY RAYNER AND HODGES,

109, Fetter Lane, Fleet Street.

TABLE OF CONTENTS.

INTRODUCTION.

SECTION THE FIRST.
ON THE STUDY OF THE LAW.

Deficiency of knowledge of the law by English gentlemen.—Compa-

rative merits of the Roman and English law.-The advantages of
some general acquaintance with municipal law to gentlemen of
fortune as owners of property, as serving on juries, as justices of
the peace, and as members of parliament. — Peculiar advantages to
the nobility.-Mode in which the judicial business of the House
of Lords is now conducted.-Legal knowledge useful to the clergy;
to the faculty; to civilians.-How the study of the common law
has declined in our universities.-Where it is now cultivated.-
The present inns of court and chancery. The public lectures on
the law at the universities and in London.-Advantages of a uni-
versity education previous to the study of the law.--Objects to be
kept in view by the student.-As to his placing himself in chambers
for the study of his profession.

SECTION THE SECOND.

OF THE NATURE OF LAWS IN GENERAL.
Law in its general sense.-Law as the rule of human conduct. The

law of nature, which is superior to any other.—Reason for the
interference of a divine providence. The revealed law.-All hu-
man laws depend on the law of nature and the revealed law.--
The law of nations.-Municipal law.-Definition of it. Ex post
facto law8.—The foundation of society and the origin of govern-
ment.-In whom government should be reposed.—Three forms of
government usually allowed to exist.-1. Democracy.-2. Aristo-
cracy, and 3. Monarchy.-The three united in the British consti-
tution.—As to whether the three parts must have equal powers.-
Laws are declaratory, directory, remedial, and vindicatory.--Of-
fences are either mala in se or mala prohibita.-Rules of inter-
preting laws.-Distinction between law and equity.

SECTION THE THIRD.

THE LAWS OF ENGLAND.
Municipal law is divided into lex non scripta or common law, and

lex scripta or statute law.COMMON LAW, in what it is contained.

-Its antiquity.-- In the 11th century three systems prevailed, out
of which Edward the Confessor extracted a digest of laws.—The
common law is distinguished into, 1. General customs.--2. Par-
ticular customs.-3. Certain peculiar laws.—General customs.-
1. The validity of a general custom is decided on by the judges,
whose judgments are followed as precedents, and are handed down
in reports. — Account of principal reports and ancient legal
writers.--2. Particular customs.-Instances of particular customs.
-Lex mercatoria.--Practice of conveyancers.-How particular cus-
toms are proved.—Where legal.3. Certain peculiar laws.-Civil
and canon laws.-Courts in which the latter laws are used.-
STATUTE LAW.-Different kinds of statutes.-Rules as to the
construction of statutes.- Power of courts of equity to construe
statutes.—Consolidation of the statute law desirable.

SECTION THE FOURTH.
OF THE COUNTRIES SUBJECT TO THE LAWS OF ENGLAND.
Wales, and the recent alterations in its courts.-Scotland, the altera-

tions in the law as to this country.-Berwick.--Ireland, what acts
bind Ireland.--Articles of the union between England and Ireland,
and subsequent alterations in the law.-Isle of Wight.--Isle of
Man.-Colonial possessions.-Foreign dominions.-Territory of
England divided into ecclesiastical and civil divisions.-Ecclesiasti-
cal.—Civil.—Counties palatine.—Isle of Ely.-Counties corpo-
rate,

CHAPTER THE FIRST.
OF THE ABSOLUTE RIGHTS OF INDIVIDUALS.
Rights of persons.—How the subject may be divided. Absolute

rights. — Natural liberty defined.-Political liberty defined.-
Political liberty in England. — By what acts of parliament
secured.-Reform Act, 2 & 3 Wm. IV. c. 45.-Rights of per-
sons to be reduced to three.-I. The right of personal security.-
II. The right of personal liberty.—III. The right of private pro-
perty.-1. The right of personal security.-1. For life.—2. For
limbs which can only be determined by death.-How life may be
forfeited.-3. From corporal insults.-4. From practices against
health, and 5. Against reputation.-II. The right of personal
liberty.-The act for the abolition of Imprisonment for Debt, 1 & 2
Vict. c. 110.—When personal liberty should be suspended.-Power
to continue in England.—III. The right of property.-Regard paid
to it by the law.-Auxiliary rights established by the constitution.-
1. The constitution of parliament.-2. The limitation of the king's
prerogative.-3. The power of applying to courts of justice.—4. The
right of petitioning parliament.-State of the law as to this.-
5. The having arms for defence.

CHAPTER THE SECOND.

OF THE PARLIAMENT.
The origin and history of parliament.-I. As to the manner of as-
sembling parliament.--The convention parliaments of 1660 and 1688.
-Statutes relating to the convoking of parliaments.-II. The con-
stituent parts of parliament.— The king. The lords spiritual.—The
lords temporal.—The commons.-III. The laws and customs relating
to parliament.-Who may sit in parliament. The privileges of par-
liament.—Of speech, of person, and of publication of its proceed-
ings.-IV. The laws and customs of the House of Lords.–V. The
laws and customs of the House of Commons.-As to their election.-
1. The qualifications of the electors for counties and boroughs under
the Reform Act.—The register of voters under the Reform Act, how
prepared and revised.-2. The qualifications of the elected.-3. The
method of proceeding in elections. The law of bribery and cor-
ruption.—Alteration as to the mode of proceeding at elections by
the Reform Act, the 5 & 6 Wm. IV. c. 36, and 6 & 7 Wm. IV. c. 102.
-Proceedings after the election.-VI. The method of making laws.
-The mode of bringing in and proceeding with a bill in parlia-
ment.—When it becomes an act it is placed among the records.-
VII. The manner in which parliament is adjourned, prorogued, and
dissolved.

CHAPTER THE THIRD.

OF THE KING AND HIS TITLE.
The crown is hereditary, but the hereditary right may be changed or

limited by parliament. This principle established and illustrated
by a short historical view of the succession to the crown of England
from the time of Egbert to that of her present Majesty.

CHAPTER THE FOURTH

OF THE KING'S ROYAL FAMILY.
The queen is either regnant, consort, or dowager.—The queen consort.

-Her exemptions and prerogatives.-Her pecuniary advantages.-
Her revenue.-Her security for life and person.—The husband of

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