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
5. THE fifth and last auxiliary right of the subject, that I shall at
present mention, is that of having arms for their defence, suitable to
their condition and degree, and such as are allowed by law. Which is
also declared by the same statute 1 W. & M. st. 2. c. 2. and is indeed
a public allowance, under due restrictions, of the natural right of
resistance and self-preservation, when the sanctions of society and
laws are found insufficient to restrain the violence of oppression.
IN these several articles consist the rights, or, as they are
frequently termed, the liberties of Englishmen: liberties more
generally talked of, than thoroughly understood; and yet highly
necessary to be perfectly known and considered by every man of rank or
property, lest his ignorance of the points whereon it is founded
should hurry him into faction and licentiousness on the one hand, or a
pusillanimous indifference and criminal submission on the other. And
we have seen that these rights consist, primarily, in the free
enjoyment of personal security, of personal liberty, and of private
property. So long as these remain inviolate, the subject is perfectly
free; for every species of compulsive tyranny and oppression must act
in opposition to one or other of these rights, having no other object
upon which it can possibly be employed. To preserve these from
violation, it is necessary that the constitution of parliaments be
supported in it's full vigor; and limits certainly known, be set to
the royal prerogative. And, lastly, to vindicate these rights, when
actually violated or attacked, the subjects of England are entitled,
in the first place, to the regular administration and free course of
justice in the courts of law; next to the right of petitioning the
king and parliament for redress of grievances; and lastly to the right
of having and using arms for self-preservation and defence. And all
these rights and liberties it is our birthright to enjoy entire;
unless where the laws of our country have laid them under necessary
restraints. Restraints in themselves so gentle and moderate, as will
appear upon farther enquiry, that no man of sense or probity would
wish to see them slackened. For all of us have it in our choice to do
every thing that a good man would desire to do; and are restrained
from nothing, but what would be pernicious either to ourselves or our
fellow citizens. So that this review of our situation may fully
justify the observation of a learned French author, who indeed
generally both thought and wrote in the spirit of genuine freedom[x];
and who hath not scrupled to profess, even in the very bosom of his
native country, that the English is the only nation in the world,
where political or civil liberty is the direct end of it's
constitution. Recommending therefore to the student in our laws a
farther and more accurate search into this extensive and important
title, I shall close my remarks upon it with the expiring wish of the
Public-domain text, read in full here on John Shaqi.
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