English jurist (1723-1780)
If man were to live in a state of nature, unconnected with other individuals, there would be no occasion for any other laws, than the law of nature, and the law of God. Neither could any other law possibly exist; for a law always supposes some superior who is to make it; and in a state of nature we are all equal, without any other superior but him who is the author of our being.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
The principal aim of society is to protect individuals in the enjoyment of those absolute rights, which were vested in them by the immutable laws of nature.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
It is better that ten guilty persons escape than that one innocent suffer.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
All the several pleas and excuses, which protect the committer of a forbidden act from the punishment which is otherwise annexed thereto, may be reduced to this single consideration, the want or defect of will. An involuntary act, as it has no claim to merit, so neither can it induce any guilt: the concurrence of the will, when it has its choice either to do or to avoid the fact in question, being the only thing that renders human actions either praiseworthy or culpable. Indeed, to make a complete crime, cognizable by human laws, there must be both a will and an act.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
The founders of the English laws have with excellent forecast contrived, that no man should be called to answer to the king for any capital crime, unless upon the preparatory accusation of twelve or more of his fellow subjects, the grand jury: and that the truth of every accusation, whether preferred in the shape of indictment, information, or appeal, should afterwards be confirmed by the unanimous suffrage of twelve of his equals and neighbors, indifferently chosen, and superior to all suspicion.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
A lunatic is indeed properly one that hath lucid intervals; sometimes enjoying his senses, and sometimes not, and that frequently depending upon the change of the moon.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
Man, considered as a creature, must necessarily be subject to the laws of his creator, for he is entirely a dependent being...This law of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
There is nothing which so generally strikes the imagination and engages the affections of mankind, as the right of property; of that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.
SIR WILLIAM BLACKSTONE
Commentaries on the Laws of England
To deny the possibility, nay, the actual existence of witchcraft and sorcery, is at once flatly to contradict the revealed word of God in various passages both of the Old and New Testament, and the thing itself is a Truth to which every nation in the world hath, in its turn, borne testimony, by either example seemingly well attested or by prohibitory laws, which at least suppose the possibility of a commerce with evil spirits.
SIR WILLIAM BLACKSTONE
Commentaries, 1765
The right of personal security consists in a person's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
The absolute rights of man, considered as a free agent, endowed with discernment to know good from evil, and with power of choosing those measures which appear to him to be most desirable, are usually summed up in one general appellation, and denominated the natural liberty of mankind. This natural liberty consists properly in a power of acting as one thinks fit, without any restraint or control, unless by the law of nature: being a right inherent in us by birth, and one of the gifts of God to man at his creation, when he endowed him with the faculty of freewill. But every man, when he enters into society, gives up a part of his natural liberty, as the price of so valuable a purchase; and, in consideration of receiving the advantages of mutual commerce, obliges himself to conform to those laws, which the community has thought proper to establish.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
That the king can do no wrong, is a necessary and fundamental principle of the English constitution.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
If words happen to be still dubious, we may establish their meaning from the context; with which it may be of singular use to compare a word, or a sentence, whenever they are ambiguous, equivocal, or intricate.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
Life is the immediate gift of God, a right inherent by nature in every individual; and it begins in contemplation of law as soon as an infant is able to stir in the mother's womb. For if a woman is quick with child, and by a potion, or otherwise, killeth it in her womb; or if any one beat her, whereby the child dieth in her body, and she is delivered of a dead child; this, though not murder, was by the antient law homicide or manslaughter. But at present it is not looked upon in quite so atrocious a light, though it remains a very heinous misdemeanor.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
It is found by experience, that whenever the unconstitutional oppressions, even of the sovereign power, advance with gigantic strides and threaten desolation to a state, mankind will not be reasoned out of the feelings of humanity; nor will sacrifice their liberty by a scrupulous adherence to those political maxims, which were originally established to preserve it. And therefore, though the positive laws are silent, experience will furnish us with a very remarkable case, wherein nature and reason prevailed.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
Acts of parliament that are impossible to be performed are of no validity; and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
The most universal and effectual way of discovering the true meaning of a law, when the words are dubious, is by considering the reason and spirit of it.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
Man, considered as a creature, must necessarily be subject to the laws of his creator, for he is entirely a dependent being. A being, independent of any other, has no rule to pursue, but such as he prescribes to himself; but a state of dependence will inevitably oblige the inferior to take the will of him, on whom he depends, as the rule of his conduct: not indeed in every particular, but in all those points wherein his dependence consists. This principle therefore has more or less extent and effect, in proportion as the superiority of the one and the dependence of the other is greater or less, absolute or limited. And consequently as man depends absolutely upon his maker for every thing, it is necessary that he should in all points conform to his maker's will.
WILLIAM BLACKSTONE
Commentaries on the Laws of England
A monster, which hath not the shape of mankind, but in any part evidently bears the resemblance of the brute creation, hath no inheritable blood, and cannot be heir to any blood, albeit it be brought forth in marriage.
SIR WILLIAM BLACKSTONE
Commentaries on the Laws of England
In this distinct and separate existence of the judicial power, in a peculiar body of men, nominated indeed, but not removable at pleasure, by the crown, consists one main preservative of the public liberty; which cannot subsist long in any state, unless the administration of common justice be in some degree separated both from the legislative and the also from the executive power. Were it joined with the legislative, the life, liberty, and property of the subject would be in the hands of arbitrary judges, whose decisions would be then regulated only by their own opinions, and not by any fundamental principles of law; which, though legislators may depart from, yet judges are bound to observe. Were it joined with the executive, this union might soon be an overbalance for the legislative. For which reason... effectual care is taken to remove all judicial power out of the hands of the king's privy council; who, as then was evident from recent instances might soon be inclined to pronounce that for law, which was most agreeable to the prince or his officers. Nothing therefore is to be more avoided, in a free constitution, than uniting the provinces of a judge and a minister of state.
WILLIAM BLACKSTONE
Commentaries on the Laws of England