Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/146

122 offence in quite o atrocious a light, but merely as a heinous midemenor.

infant in ventre a mere, or in the mother’s womb, is uppoed in law to be born for many purpoes. It is capable of having a legacy, or a urrender of a copyhold etate made to it. It may have a guardian aigned to it ; and it is enabled to have an etate limited to it’s ue, and to take afterwards by uch limitation, as if it were then actually born. And in this point the civil law agrees with ours.

2.&ensp;’s limbs (by which for the preent we only undertand thoe members which may be ueful to him in fight, and the los of which only amounts to mayhem by the common law) are alo the gift of the wie creator; to enable man to protect himelf from external injuries in a tate of nature. To thee therefore he has a natural inherent right; and they cannot be wantonly detroyed or diabled without a manifet breach of civil liberty.

the life and limbs of a man are of uch high value, in the etimation of the law of England, that it pardons even homicide if committed e defendendo, or in order to preerve them. For whatever is done by a man, to ave either life or member, is looked upon as done upon the highet neceity and compulion. Therefore if a man through fear of death or mayhem is prevailed upon to execute a deed, or do any other legal aft; thee, though accompanied with all other the requiite olemnities, may be afterwards avoided, if forced upon him by a well-grounded apprehenion of loing his life, or even his limbs, in cae of his noncompliance. And the ame is alo a ufficient excue for the commiion of many midemenors, as will appear in the fourth book. The