Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/14

 2 is nothing which o generally trikes the imagination, and engages the affections of mankind, as the right of property; or that ole and depotic dominion which one man claims and exercies over the external things of the world, in total excluion of the right of any other individual in the univere. And yet there are very few that will give themelves the trouble to conider the original and foundation of this right. Pleaed as we are with the poeion, we eem afraid to look back to the means by which it was acquired, as if fearful of ome defect in our title; or at bet we ret atisfied with the deciion of the laws in our favour, without examining the reaon or authority upon which thoe laws have been built. We think it enough that our title is derived by the grant of the former proprietor, by decent from our ancetors, or by the lat will and tetament of the dying owner; not caring to reflect that (accurately and trictly peaking) there is no foundation in nature or in natural law, why a et of words upon parchment hould convey the dominion of land; why the on hould have a right to exclude his fellow creatures from a determinate pot of ground, becaue his father had done o before him; or why the occupier of a particular field or of a jewel, when lying on his death-bed and no longer able to maintain poeion, hould be entitled to tell the ret of the world which of them hould enjoy it after him. Thee enquiries, it mut be owned, would be ueles and even troubleome in common life. It is well if the mas of mankind will obey the laws when made, without crutinizing too nicely into the reaons of making them. But, when law is to be conidered not only as matter of practice, but alo as a rational cience, it cannot be improper or ueles to examine more deeply the rudiments and grounds of thee poitive contitutions of ociety.

the beginning of the world, we are informed by holy writ, the all-bountiful creator gave to man "dominion over all the earth; and over the fih of the ea, and over the fowl of the air, and over every living thing that moveth upon the "eartha."