Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/149

Ch. 1. which reaon leaes, and other conveyances, for life, are uually made to have and to hold for the term of one’s natural life. But, even in the times of popery, the law of England took no cognizance of profeion in any foreign country, becaue the fact could not be tried in our courts ; and therefore, ince the reformation, the diability is held to be abolihed.

natural life being, as was before oberved, the immediate donation of the great creator, cannot legally be dipoed of or detroyed by any individual, neither by the peron himelf nor by any other of his fellow creatures, merely upon their own authority. Yet nevertheles it may, by the divine permiion, be frequently forfeited for the breach of thoe laws of ociety, which are enforced by the anction of capital punihments; of the nature, retrictions, expedience, and legality of which, we may hereafter more conveniently enquire in the concluding book of thee commentaries. At preent, I hall only oberve, that whenever the contitution of a tate vets in any man, or body of men, a power of detroying at pleaure, without the direction of laws, the lives or members of the ubject, uch contitution is in the highet degree tyrannical: and that whenever any laws direct uch detruction for light and trivial caues, uch laws are likewie tyrannical, though in an inferior degree; becaue here the ubject is aware of the danger he is expoed to, and may by prudent caution provide againt it. The tatute law of England does therefore very eldom, and the common law does never, inflict any punihment extending to life or limb, unles upon the highet neceity: and the contitution is an utter tranger to any arbitrary power of killing or maiming the ubject without the expres warrant of law. “, ays the great charter, ” Which words, “,” according to ir Edward Coke , include a prohibition not only of killing, and maiming, but alo of torturing (to which our laws are trangers)