Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/16

4 juftice, to which he is prompted by nature, and which no prudential motives are ftrong enough to reftrain. It confiders that the future procefs of law is by no means an adequate remedy for injuries accompanied with force; fince it is impoffible to fay, to what wanton lengths of rapine or cruelty outrages of this fort might be carried, unlefs it were permitted a man immediately to oppofe one violence with another. Self-defence therefore, as it is juftly called the primary law of nature, fo it is not, neither can it be in fact, taken away by the law of fociety. In the Englifh law particularly it is held an excufe for breaches of the peace, nay even for homicide itfelf: but care muft be taken, that the refiftance does not exceed the bounds of mere defence and prevention ; for then the defender Avould himfelf become an aggreor.

or reprifal is another fpecies of remedy by the mere act of the party injured. This happens, when any one hath deprived another of his property in goods or chattels per- fonal, or wrongfully detains one's wife, child, or fervant ; in which cafe the owner of the goods, and the hufband, parent, or mafter, may lawfully claim and retake them, wherever he hap- pens to find themj fo it be not in a riotous manner, or attended with a breach of the peace. The reafon for this is obvious ; fince it may frequently happen that the owner may have this only opportunity of doing himfelf juftice : his goods may be after- wards conveyed away or deftroyed ; and his wife, children, or fervants, concealed or carried out of his reach ; if he had no fpeedier remedy than the ordinary procefs of law. If therefore he can fo contrive it as to gain pofTeffion of his property again, without force or terror, the law favours and will juftify his pro- ceeding. But, as the public peace is a fuperior confideration to any one man's private property; and as, if individuals were once allowed to ufe private force as a remedy for private injuries, all focial juftice muft ceafe, the ftrong would give law to the weak, and every man would revert to a ftate of nature; for thefe reafons Rh