Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
THE idea and practice of this political or civil liberty flourish in
their highest vigour in these kingdoms, where it falls little short
of perfection, and can only be lost or destroyed by the folly or
demerits of it's owner: the legislature, and of course the laws of
England, being peculiarly adapted to the preservation of this
inestimable blessing even in the meanest subject. Very different from
the modern constitutions of other states, on the continent of Europe,
and from the genius of the imperial law; which in general are
calculated to vest an arbitrary and despotic power of controlling the
actions of the subject in the prince, or in a few grandees. And this
spirit of liberty is so deeply implanted in our constitution, and
rooted even in our very soil, that a slave or a negro, the moment he
lands in England, falls under the protection of the laws, and with
regard to all natural rights becomes _eo instanti_ a freeman[g].
[Footnote g: Salk. 666.]
THE absolute rights of every Englishman (which, taken in a political
and extensive sense, are usually called their liberties) as they are
founded on nature and reason, so they are coeval with our form of
government; though subject at times to fluctuate and change: their
establishment (excellent as it is) being still human. At some times we
have seen them depressed by overbearing and tyrannical princes; at
others so luxuriant as even to tend to anarchy, a worse state than
tyranny itself, as any government is better than none at all. But the
vigour of our free constitution has always delivered the nation from
these embarrassments, and, as soon as the convulsions consequent on
the struggle have been over, the ballance of our rights and liberties
has settled to it's proper level; and their fundamental articles have
been from time to time asserted in parliament, as often as they were
thought to be in danger.
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