LIBERTY. 
But every nlan, when he enters into 
society, gives up a part of liis natural 
liberty, as the price of so valuable a pur- 
chase; and in consideration of receiving 
the advantages ,of mutual commerce, ob- 
liges himself to conform to those laws which 
the community has thought proper to esta- 
blish. This species of legal obedience is 
infinitely more desirable than that wild and 
savage liberty, whicli is sacrificed to ob- 
tain it. For no man, who considers a mo- 
ment, would wish to retain the absolute 
and uncontrouled power of doing whatever 
he pleases; the consequence of which is, 
that every otiier man would also have the 
same power ; and then there would be no 
security to individuals in any of the enjoy- 
ments of life. 
Political or civil liberty, therefore, which 
is that of a member of society, is no other 
than natural liberty, so far restrained by 
human laws, and no further, as is necessary 
and expedient for the general advantage of 
the public. / 
Hence we may collect that the law, 
which restrains a man from doing mischief 
to his fellow-citizens, though it diminishes 
the natural, increases the civil liberty of 
mankind ; but that every wgnton and cause- 
less restraint of the will of the subject, 
whetlier practised by a monarch, by nobi- 
lity, 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 destruc- 
tive of liberty ; whereas, if any public ad- 
vantage can arise from observing such pre- 
cepts, the controul of our private inclina- 
tions, in onfe or two particular points, will 
conduce to preserve our general freedom 
in others of more importance, by support- 
ing that state of society which alone can 
secure our independence. So that laws, 
when prudently framed, are by no means 
subversive, but rather introductive of li- 
berty ; 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 com- 
mentator is admitted by his last editor to 
be clear, distinct, and rational, as far as 
relates to civil liberty; in the definition 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 politi- 
cal liberty; yet they are generally con- 
founded; and the latter cannot yet claim 
an appropriate name. The learned judge 
(Blackstone) uses political and civil liberty 
indiscriminately ; but it would perhaps be 
convenient uniformly to use those terms 
in the respective, senses liere suggested, or 
■to have some fixed specific 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 govern- 
ment. 
First. By the great charier of liberties, 
which was obtained, sword in hand, from 
King John; and afterwards with some al- 
terations, confirmed in parhament by King 
Henry III. his son ; which charter con- 
tained 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 England. After- 
wards by the statute called Confirmatio 
Cartarum, 25 Edward I, whereby the great 
charter is directed to be allowed as the 
common law : all judgments 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 sen- 
tence of excommunication is directed to be 
as constantly denounced against all those 
who by word, deed, or counsel, act con- 
trary thereto, or in any degree infringe it. 
Next, by a multitude of subsequent corro- 
borating 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 sugges- 
tion made to the King- or his council, unless 
it be by indictment of lawful people of the 
