"It's a serious point," said Toppleton. "And then there is another most
embarrassing side to it. We can't afford to have our case weakened by
putting ourselves in a position where countercharges can be brought
against us, and I am very much afraid our opponents would charge
vagrancy against you, for the very obvious and irrefutable reason that
you have absolutely no visible means of support. You wouldn't have a leg
to stand on if they did that, and yet it does seem a pity that something
cannot be done to enable you to appear, for as I said a minute ago, you
have otherwise a perfectly magnificent cause of action. Why, Edward,
there isn't a page in the Comic Blackstone that does not contain
something that applies to your case, and that ought to make you a
winner if we could get around this horrible lack of body of yours.
"For instance," continued Toppleton, opening A'Beckett's famous
contribution to legal lore, "in the very first chapter we find that
Blackstone divides rights into rights of _persons_ and rights of things.
Clearly you have a right to your own person, and no judge on a sane
bench would dare deny it. Absolute rights, it says here, belong to man
in a state of nature, which being so, you have been wronged, because in
being deprived of your state of nature you have been robbed of your
absolute rights. Clear as crystal, eh?"
"That's so," said the exile. "You are a marvel at law, Hopkins."
"In section six reference is made to the _habeas corpus_ act of Charles
the Second, and unless I have forgotten my Latin, that is a distinct
reference to a man's right to the possession of his own body. Section
eight, same chapter, announces man's right to personal security, and
asserts his legal claim to the enjoyment of _life, limbs, health and
reputation_. Have you enjoyed your life? No! Have you enjoyed your
limbs? Not for thirty years. Have you enjoyed your health. No!
Barncastle of Burningford has enjoyed that as well as your reputation. I
think on the whole though, we would better not say anything about your
reputation if we get into court, for while it is undoubtedly _yours_,
and has been by no means enjoyed by you, you didn't make it for
yourself. That was his work, and he is entitled to it."
"True," said the exile. "I do not wish to claim anything I am not
entitled to."
"That's the proper spirit," said Toppleton. "You want what belongs to
you and nothing more. You are entitled to your property, for which
section eleven of this same chapter provides, saying that the law will
not allow a man to be deprived of his property except by the law itself.
If a man's own body isn't his, I'd like to know to whom it belongs in a
country that professes to be free!"
Toppleton paused at this point to make a few notes and to reinforce his
own spirit by means of others.
Public-domain text, read in full here on John Shaqi.
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