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
THUS much for the _declaration_ of our rights and liberties. The
rights themselves thus defined by these several statutes, consist in a
number of private immunities; which will appear, from what has been
premised, to be indeed no other, than either that _residuum_ of
natural liberty, which is not required by the laws of society to be
sacrificed to public convenience; or else those civil privileges,
which society hath engaged to provide, in lieu of the natural
liberties so given up by individuals. These therefore were formerly,
either by inheritance or purchase, the rights of all mankind; but, in
most other countries of the world being now more or less debased and
destroyed, they at present may be said to remain, in a peculiar and
emphatical manner, the rights of the people of England. And these may
be reduced to three principal or primary articles; the right of
personal security, the right of personal liberty; and the right of
private property: because as there is no other known method of
compulsion, or of abridging man's natural free will, but by an
infringement or diminution of one or other of these important rights,
the preservation of these, inviolate, may justly be said to include
the preservation of our civil immunities in their largest and most
extensive sense.
I. THE right of personal security consists in a person's legal and
uninterrupted enjoyment of his life, his limbs, his body, his health,
and his reputation.
1. LIFE is the immediate gift of God, a right inherent by nature in
every individual; and it begins in contemplation of law as soon as an
infant is able to stir in the mother's womb. For if a woman is quick
with child, and by a potion, or otherwise, killeth it in her womb; or
if any one beat her, whereby the child dieth in her body, and she is
delivered of a dead child; this, though not murder, was by the antient
law homicide or manslaughter[o]. But at present it is not looked upon
in quite so atrocious a light, though it remains a very heinous
misdemesnor[p].
[Footnote o: _Si aliquis mulierem praegnantem percusserit, vel ei
venenum dederit, per quod fecerit abortivam; si puerperium jam
formatum fuerit, et maxime si fuerit animatum, facit homicidium._
Bracton. _l._ 3. _c._ 21.]
[Footnote p: 3 Inst. 90.]
AN infant _in ventre sa mere_, or in the mother's womb, is supposed in
law to be born for many purposes. It is capable of having a legacy, or
a surrender of a copyhold estate made to it. It may have a guardian
assigned to it[q]; and it is enabled to have an estate limited to it's
use, and to take afterwards by such limitation, as if it were then
actually born[r]. And in this point the civil law agrees with ours[s].
[Footnote q: Stat. 12 Car. II. c. 24.]
[Footnote r: Stat. 10 & 11 W. III. c. 16.]
[Footnote s: _Qui in utero sunt, in jure civili intelliguntur in rerum
natura esse, cum de eorum commodo agatur._ _Ff._ 1. 5. 26.]
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