LIBERTY. 



the community has thought proper to 

 establish. This species of legal obedience 

 is infinitely more desirable than that wild 

 and savage liberty, which is sacrificed to 

 obtain it. For no man, who considers a 

 moment, would wish to retain the abso- 

 lute and uncontrolled power of doing 

 whatever he pleases ; the consequence of 

 which is, that every other man would also 

 have the same power; and then there 

 would be no security to individuals in any 

 of the enjoyments of life. 



Political or civil liberty, therefore, 

 which is that of a member of society, is 

 no other than natural liberty, so far re- 

 strained by human laws, and no further, 

 as is necessary and expedient for the ge- 

 neral advantage of the public. 



Hence we may collect that the law, 

 which restrains a man from doing mis- 

 chief to his fellow-citizens, though it di- 

 minishes the natural, increases the civil 

 liberty of mankind : but that every wan- 

 ton and causeless restraint of the will of 

 the subject, whether practised by a mo- 

 narch, by nobility, or a popular assembly, 

 is a degree of tyranny ; nay, that even 

 laws themselves, whether made with or 

 without our consent, if they regulate and 

 constrain our conduct in matters of mere 

 indifference, without any good end in 

 view, are regulations destructive of liber- 

 ty ; whereas, if any public advantage can 

 arise from observing such precepts, the 

 control of our private inclinations, in one 

 or two particular points, will conduce to 

 preserve our general freedom in others 

 of more importance, by supporting that 

 state of society which alone can secure 

 our independence. So that laws, when 

 prudently framed, are by no means sub- 

 versive, but rather introductive of liber- 

 ty ; for where there is no law, there is no 

 freedom. 



But then, on the other hand, that con- 

 stitution, or form of government, is alone 

 calculated to maintain civil liberty, which 

 leaves the subject entire master of his 

 own conduct, except in those points 

 wherein the public good requires some 

 direction or restraint. 



The above definition of the learned 

 commentator is admitted by his last editor 

 to be clear, distinct, and rational, as far 

 as relates to civil liberty ; in the defini- 

 tion of which, however, he adds, it ought 

 to be understood, or rather expressed, 

 that the restraints introduced by the law 

 should be equal to all ; in as much so as 

 the nature of things will admit. 



Political liberty is distinguished by Mr. 

 Christian from civil liberty, and he defines 

 it to be the security with which, from the 



constitution, form, and nature of the esta- 

 blished government, the subjects enjoy 

 civil liberty. No ideas, continues he, are 

 more distinct than those of civil and po- 

 litical liberty; yet they are generally 

 confounded ; and the latter cannot yet 

 claim an appropriate name. The learned 

 judge (Blackstone) uses political and ci- 

 vil liberty indiscriminately ; but it would 

 perhaps be convenient uniformly to use 

 those terms in the respective senses here 

 suggested, or to have some fixed speciiic 

 denominations for ideas, which, in their 

 natures, are so widely different. The last 

 species of liberty has most engaged the. 

 attention of mankind, and particularly of 

 the people of England. 



The people of England have a firm re- 

 liance that this civil liberty is secured to 

 them under the constitution of the go- 

 vernment. 



First. By the great charter of liberties, 

 which was obtained, sword in hand, from 

 King John ; and afterwards, with some al- 

 terations, confirmed in parliament by 

 King Henry III. his son ; which charter 

 contained very few new grants ; but, as 

 Sir Edward Coke observes, was for the 

 most part declaratory of the principal 

 grounds of the fundamental laws of Eng- 

 land. Afterwards, by the statute called 

 Conjirmatio Cartarum, 25 Edward T. 

 whereby the great charter is directed to 

 be allowed as the common law : all judg- 

 ments contrary to it are declared Void ; 

 copies of it are ordered to be sent to all 

 the cathedral churches, and read twice a 

 year to the people ; and sentence of ex- 

 communication is directed to be as con- 

 stantly denounced against all those who, 

 by word, deed, or counsel, act contrary 

 thereto, or in any degree infringe it. 

 Next, by a multitude of subsequent cor- 

 roborating statutes from Edward I. to 

 Henry IV. ; of which the following are 

 the most forcible. 



Statute 25 Edward III. statute 5, c. 4. 

 None shall be taken by petition or sug- 

 gestion made to the King or his council, 

 unless it be by indictment of lawful peo- 

 ple of the neighbourhood, or by process 

 made by writ original at the common law. 

 And none shall be put out of his fran- 

 chises or freehold, unless he be duly 

 brought to answer, and fore-judged by 

 course of law ; and if any thing be done 

 to the contrary, it shall be redressed and 

 holden for none. 



Statute 42 Edward III. c. 3. No man 

 shall be put to answer without present- 

 ment before justices, or matter of record 

 of due process, or writ original, accord- 

 ing to the ancient law of the land. And 



