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
For, whenever a question arises between the society at
large and any magistrate vested with powers originally delegated by
that society, it must be decided by the voice of the society itself:
there is not upon earth any other tribunal to resort to. And that
these consequences were fairly deduced from these facts, our ancestors
have solemnly determined, in a full parliamentary convention
representing the whole society. The reasons upon which they decided
may be found at large in the parliamentary proceedings of the times;
and may be matter of instructive amusement for us to contemplate, as a
speculative point of history. But care must be taken not to carry this
enquiry farther, than merely for instruction or amusement. The idea,
that the consciences of posterity were concerned in the rectitude of
their ancestors' decisions, gave birth to those dangerous political
heresies, which so long distracted the state, but at length are all
happily extinguished. I therefore rather chuse to consider this great
political measure, upon the solid footing of authority, than to reason
in it's favour from it's justice, moderation, and expedience: because
that might imply a right of dissenting or revolting from it, in case
we should think it unjust, oppressive, or inexpedient. Whereas, our
ancestors having most indisputably a competent jurisdiction to decide
this great and important question, and having in fact decided it, it
is now become our duty at this distance of time to acquiesce in their
determination; being born under that establishment which was built
upon this foundation, and obliged by every tie, religious as well as
civil, to maintain it.
[Footnote y: Com. Journ. 7 Feb. 1688.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account