Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/154

132 they cannot have the benefit and protection of the common law) but that all uch imprionments hall be illegal; that the peron, who hall dare to commit another contrary to this law, hall be diabled from bearing any office, hall incur the penalty of a, and be incapable of receiving the king’s pardon: and the party uffering hall alo have his private action againt the peron committing, and all his aiders, adviers and abettors, and hall recover treble cots; beides his damages, which no jury hall aes at les than five hundred pounds.

law is in this repect o benignly and liberally contrued for the benefit of the ubject, that, though within the realm the king may command the attendance and ervice of all his liegemen, yet he cannot end any man out of the realm, even upon the public ervice; excepting ailors and oldiers, the nature of whoe employment necearily implies an exception: he cannot even contitute a man lord deputy or lieutenant of Ireland againt his will, nor make him a foreign embaador. For this might in reality be no more than an honorable exile.

III.&ensp; third abolute right, inherent in every Englihman, is that of property: which conits in the free ue, enjoyment, and dipoal of all his acquiitions, without any control or diminution, ave only by the laws of the land. The original of private property is probably founded in nature, as will be more fully explained in the econd book of the enuing commentaries: but certainly the modifications under which we at preent find it, the method of conerving it in the preent owner, and of tranlating it from man to man, are entirely derived from ociety; and are ome of thoe civil advantages, in exchange for which every individual has reigned a part of his natural liberty. The laws of England are therefore, in point of honor and jutice, extremely watchful in acertaining and protecting this right. Upon this principle the great charter has declared that no freeman hall be dieied, or diveted, of his freehold, or of his liberties, or free cutoms,