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
OF great importance to the public is the preservation of this personal
liberty: for if once it were left in the power of any, the highest,
magistrate to imprison arbitrarily whomever he or his officers thought
proper, (as in France it is daily practiced by the crown) there would
soon be an end of all other rights and immunities. Some have thought,
that unjust attacks, even upon life, or property, at the arbitrary
will of the magistrate, are less dangerous to the commonwealth, than
such as are made upon the personal liberty of the subject. To bereave
a man of life, or by violence to confiscate his estate, without
accusation or trial, would be so gross and notorious an act of
despotism, as must at once convey the alarm of tyranny throughout the
whole kingdom. But confinement of the person, by secretly hurrying him
to gaol, where his sufferings are unknown or forgotten; is a less
public, a less striking, and therefore a more dangerous engine of
arbitrary government. And yet sometimes, when the state is in real
danger, even this may be a necessary measure. But the happiness of our
constitution is, that it is not left to the executive power to
determine when the danger of the state is so great, as to render this
measure expedient. For the parliament only, or legislative power,
whenever it sees proper, can authorize the crown, by suspending the
_habeas corpus_ act for a short and limited time, to imprison
suspected persons without giving any reason for so doing. As the
senate of Rome was wont to have recourse to a dictator, a magistrate
of absolute authority, when they judged the republic in any imminent
danger. The decree of the senate, which usually preceded the
nomination of this magistrate, "_dent operam consules, nequid
respublica detrimenti capiat_," was called the _senatus consultum
ultimae necessitatis_. In like manner this experiment ought only to be
tried in cases of extreme emergency; and in these the nation parts
with it's liberty for a while, in order to preserve it for ever.
Public-domain text, read in full here on John Shaqi.
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