Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/259

Ch. 7. tribunal, there would oon be an end of the contitution, by detroying the free agency of one of the contituent parts of the overeign legilative power.

then, it may be aked, the ubjects of England totally detitute of remedy, in cae the crown hould invade their rights, either by private injuries, or public oppreions? To this we may anwer, that the law has provided a remedy in both caes.

, firt, as to private injuries; if any peron has, in point of property, a jut demand upon the king, he mut petition him in his court of chancery, where his chancellor will adminiter right as a matter of grace, though not upon compulion. And this is entirely cononant to what is laid down by the writers on natural law. “A ubject, ays Puffendorf, o long as he continues a ubject, hath no way to oblige his prince to give him his due, when he refues it; though no wie prince will ever refue to tand to a lawful contract. And, if the prince gives the ubject leave to enter an action againt him, upon uch contract, in his own courts, the action itelf proceeds rather upon natural equity, than upon the municipal laws.” For the end of uch action is not to compel the prince to oberve the contract, but to peruade him. And, as to peronal wrongs; it is well oberved by Mr Locke, “the harm which the overeign can do in his own peron not being likely to happen often, nor to extend itelf far; nor being able by his ingle trength to ubvert the laws, nor oppres the body of the people, (hould any prince have o much weaknes and ill nature as to endeavour to do it)—the inconveniency therefore of ome particular michiefs, that may happen ometimes, when a heady prince comes to the throne, are well recompened by the peace of the public and ecurity of the government, in the peron of the chief magitrate being thus et out of the reach of danger.” Rh