Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/142

126 man from doing michief to his fellow citizens, though it diminihes the natural, increaes the civil liberty of mankind: but every wanton and caueles retraint of the will of the ubject, whether practiced by a monarch, a nobility, or a popular aembly, is a degree of tyranny. Nay, that even laws themelves, whether made with or without our conent, if they regulate and contrain our conduct in matters of mere indifference, without any good end in view, are laws detructive of liberty: whereas if any public advantage can arie from oberving uch precepts, the control of our private inclinations, in one or two particular points, will conduce to preerve our general freedom in others of more importance; by upporting that tate, of ociety, which alone can ecure our independence. Thus the tatute of king Edward IV, which forbad the fine gentlemen of thoe times (under the degree of a lord) to wear pikes upon their hoes or boots of more than two inches in length, was a law that favoured of oppreion; becaue, however ridiculous the fahion then in ue might appear, the retraining it by pecuniary penalties could erve no purpoe of common utility. But the tatute of king Charles II, which precribes a thing eemingly as indifferent; viz. a dres for the dead, who are all ordered to be buried in woollen; is a law conitent with public liberty, for it encourages the taple trade, on which in great meaure depends the univeral good of the nation. So that laws, when prudently framed, are by no means ubverive but rather introductive of liberty; for (as Mr Locke has well oberved ) where there is no law, there is no freedom. But then, on the other hand, that contitution or frame of government, that ytem of laws, is alone calculated to maintain civil liberty, which leaves the ubject entire mater of his own conduct, except in thoe points wherein the public good requires ome direction or retraint.

idea and practice of this political or civil liberty flourih in their highet vigour in thee kingdoms, where it falls little hort