Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/72

56 without it. For in vain would rights be declared, in vain directed to be oberved, if there were no method of recovering and aerting thoe rights, when wrongfully withheld or invaded. This is what we mean properly, when we peak of the protection of the law. When, for intance, the declaratory part of the law has aid “that the field or inheritance, which belonged to Titius’s father, is veted by his death in Titius;” and the directory part has “forbidden any one to enter on another’s property without the leave of the owner;” if Gaius after this will preume to take poeion of the land, the remedial part of the law will then interpoe it’s office; will make Gaius retore the poeion to Titius, and alo pay him damages for the invaion. regard to the anction of laws, or the evil that may attend the breach of public duties; it is oberved, that human legilators have for the mot part choen to make the anction of their laws rather vindicatory than remuneratory, or to conit rather in punihments, than in actual particular rewards. Becaue, in the firt place, the quiet enjoyment and protection of all our civil rights and liberties, which are the ure and general conequence of obedience to the municipal law, are in themelves the bet and mot valuable of all rewards. Becaue alo, were the exercie of every virtue to be enforced by the propoal of particular rewards, it were impoible for any tate to furnih tock enough for o profue a bounty. And farther, becaue the dread of evil is a much more forcible principle of human actions than the propect of good. For which reaons, though a prudent betowing of rewards is ometimes of exquiite ue, yet we find that thoe civil laws, which enforce and enjoin our duty, do eldom, if ever, propoe any privilege or gift to uch as obey the law; but do contantly come armed with a penalty denounced againt trangreors, either exprely defining the nature and quantity of the punihment, or ele leaving it to the dicretion of the judges, and thoe who are entruted with the care of putting the laws in execution.