Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/150

This page has been validated.
134
The Rights
Book I.

ſtrangers) and of every oppreſſion by colour of an illegal authority. And it is enacted by the ſtatute 5 Edw. III. c. 9. that no man ſhall be forejudged of life or limb, contrary to the great charter and the law of the land: and again, by ſtatute 28 Ed. III. c. 3. that no man ſhall be put to death, without being brought to anſwer by due proceſs of law.

3. Besides thoſe limbs and members that may be neceſſary to man, in order to defend himſelf or annoy his enemy, the reſt of his perſon or body is alſo entitled, by the ſame natural right, to ſecurity from the corporal inſults of menaces, aſſaults, beating, and wounding; though ſuch inſults amount not to deſtruction of life or member.

4. The preſervation of a man’s health from ſuch practices as may prejudice or annoy it, and

5. The ſecurity of his reputation or good name from the arts of detraction and ſlander, are rights to which every man is intitled, by reaſon and natural juſtice; ſince without theſe it is impoſſible to have the perfect enjoyment of any other advantage or right. But theſe three laſt articles (being of much leſs importance than thoſe which have gone before, and thoſe which are yet to come) it will ſuffice to have barely mentioned among the rights of perſons; referring the more minute diſcuſſion of their ſeveral branches, to thoſe parts of our commentaries which treat of the infringement of theſe rights, under the head of perſonal wrongs.

II. Next to perſonal ſecurity, the law of England regards, aſſerts, and preſerves the perſonal liberty of individuals. This perſonal liberty conſiſts in the power of loco-motion, of changing ſituation, or removing one’s perſon to whatſoever place one’s own inclination may direct; without impriſonment or reſtraint, unleſs by due courſe of law. Concerning which we may make the ſame obſervations as upon the preceding article; that it is a right ſtrictly natural; that the laws of England have never abridged it

without