ral rights, in that limited qualified manner, which is prescribed by. law-and is neceffary to their fecurity, and the peace and good order of fociety, and by reafon of which, he acquires certain other civil rights, refulting from the fcocial ftate. When an individual refigns part of his natural liberty, to a fuperior, he thereby gains the aid and affiftance of that fuperior, in guarding and defending. his right of civil liberty, against all illegal encroachments. When a man fubmits to the rules and forms of law, in the acquifition of property, he finds thofe rules and forms render the enjoyment of it fafe and permanent. Our entering into a state of fociety, does not reftri& us in all our natural rights, but many are left untouched. Mankind are reftricted from injuring each other in perfon, character, and property; and are inhibited from commiting certain crimes, which endan-ger the exittence of fociety. But they poffefs all the freedom of the natural ftate, in the exercife of the acts of humanity, generofity, and benevolence in the formation of the connexions of friendfhip, and in that intercourfe between each other, which conftitutes the manners of the country. The rules of conduct are derived from common opinion and general cuftom. Nations are not lefs diftinguifhed by the refinement of manners, and the progrefs of civilization, than by their laws and government. This fubject belongs however to the investigation of the moral character of man ; but as thefe enquiries refpect him only in his civil capacity, I fhall confider thofe rights only which are denominated civil, and the violation of which is punished by compelling the wrong doer to make reparation to the party injured. CHAPTER SECOND. OF THE RIGHT OF PERSONAL SECURITY. PERSONA ERSONAL fecurity confifts in a man's having the peaceable enjoyment of life, limbs, body, health, and reputation.-- 1. The prefervation of life is an object of the firft con quence in all governments, and the taking of it away is puniflable with death. To the perfon injured, no reparation can be made, and therefore the VOL, I. public A 2 public only can profecute the offender. In England, an appeal is given to the wife, or fon of the deceafed, against the murderer, who on conviction, cannot be pardoned: but here, no fuch mode of profecution has been admitted. g The law regards an infant even in the mother's womb, and if it be in any way killed, it is a great mifdemeanor. It is alfo capable of taking a legacy, and an eftate limited to its use. Life is the gift of God, and the most important right that mankind enjoy. No man has a right to difpofe of, or take away his own life, nor may it be destroyed by any of his fellow creatures, on their own authority; but as it has been found neceffary to maintain civil government, that the power of taking away life, for the commiffion of certain crimes, immediately tending to its diffolution, fhould be vefted in the fupreme power of the ftate, it has therefore become a principle in all countries, that the legiflature may inflict the punishment of death, on certain crimes of the deepest dic. The law has not only established thofe bulwarks to guard this facred right, but has authorised individuals to exert their own ftrength and power, to defend their lives when attacked, and they may legally take away the lives of the affailants, to fave their own. A man may avoid a contract, into which he is compelled to enter, through fear of lofing his life. 2. The preservation of a man's limbs, is an object attended to by law, and especially the eyes, tongue, and privy-members, being thofe limbs which are of the highest confequence in the enjoyment of life. The deftruction of them is denominated, mayhem, and the crime is by ftatute, punishable with death. By the common law, mayhem extends to all limbs that may be useful to a man in fight, and the crime is punishable with death: but the mildness of our statute has moderated the rigor of the common law. The law not only guards the limbs of a man, but he has a right to take away the life of another, in defence of either of his members. As the lofs of a member is irreparable, the law will not oblige a perfon to fuffer it, but will authorife him to defend it, at the expense of the life of the affailant; but to avoid a mere battery, the law will not authorise the commiffion of homicide, becaufe, compenfation g Black. Com. 130. Statutes, 67. i I Black. Com. 130. penfation can be made for the injury. A man may avoid a contract which he makes, through a well grounded fear of mayhem, or lofs of limb, which is called duress by threats. 3. Not only is a man protected against lofs of limb, but the body and the limbs, are protected against all menaces, affaults, beating, and wounding. Such acts are a breach of the peace, and punishable by fine. The perfon injured, has an action of trefpafs for affault and battery, against the wrong doer, to recover damages for the injury he has fuftained. This fecurity of our body and imbs, from all corporal injuries, is an inestimable right. When we come to confider the various kinds of actions, to obtain redress for injuries, we shall specificate thofe acts, which are an infraction of this right, and for which a remedy is given. 4. The prefervation of health, fo effential to the enjoyment of the bleffings of life, is regarded by law. An action lies for a perfon to recover damages for any injury he fuftains in that repfect. The legislature have been careful to preserve the health of the people, by preventing the introduction of contagious disorders, and their spreading when introduced. 5. A man's reputation and good name, is fecured from flander, detraction, and defamation. A good character, is the fource of fome of our highest enjoyments, and the prefervation of it from the blast of envy, and the tongue of malice, is one of the most effential benefits we derive from fociety. Whoever attempts to wound the reputation of another, by fpeaking flanderous words, fpreading defamatory reports, publishing fcandalous libels, or exhibiting ludricous pictures, fhall anfwer to the party injured all damages that he fuftains, by fuch unjuftifiable conduct. The nature and extent of thefe rights will be eafily comprehended by this concife defcription. It is difficult to fay much about them, without taking into confideration these acts, which amount to a vielation of them. This belongs to that part of our enquiries, that relates to perfonal wrongs, and their remedies, which must be defered, till we treat of that fubject, and then this point will be refumed, and largely difcuffed. Black. Com. 134. A a 2 CHAP CHAPTER THIRD. OF THE RIGHT OF PERSONAL LIBERTY. THIS facred and ineftimable right, without which all others are of little value, is enjoyed by the people of this flate in as full extent, as in any country on the globe, and in as high degree as is confiftent with the nature of civil government. No individual, or body of men, have a difcretionary, or arbitrary power to commit any person to prifon; no man can be refrained of his liberty; be prevented from removing himfelf from place to place, as he chufes ; be compelled to go to a place contrary to his inclination, or be in any way imprifoned, or confined, unlefs by virtue of the exprefs laws of the land. Thefe laws are fo clear and explicit, that it is in the power of every man to avoid breaking them, and if he be committed to prifon, it must be the effect of his own fault. In matters of a criminal nature, tho every offender may be ap. prehended by private perfons, yet they must be immediately carried before proper authority, complaint must be entered by fome informing officer, the court must make enquiry refpecting the truth of the accufation, and if a probability of guilt appears, the offender may be committed to prifon, and held for trial. But without fuch a proceeding, no criminal can be imprifoned, and even then it can be done only for capital offences; all others being bailable; and the criminal will not be imprifoned, if he be able to procure bail. If the offence be not bailable, or the criminal unable to procure bail, be committed to prifon, there are courts of law confli. tuted for the trial of all offences, which fit fo frequently, that a perfon can lie in a prifon but a fhort time, before he will have a fair opportunity of manifefting his innocence, or of being proved guilty, and obtaining his enlargement, by fuffering the punishment that his crime deferves. How different is this from the practice of all defpotic governments. There the monarch has power to commit a man to prifon, upon any pretence whatever, and there detain him fo long as he pleafes, without bringing him to trial; nor is there any method for the fubject to obtain his liberty, enlargement, or trial, without the the confent of the defpot. Many inftances have happened, where innocent perfons who had rendered themselves obnoxious to a tyrant, have been confined for years; and have even languished out their miferable lives in the folitary manfions of a prison, deftitute of the comforts and pleafures of life, and fecluded forever from the company and converfation of their families, their friends and the human race. To what a ftate of degradation and meannefs, muft the minds of men be reduced, to be quiet and peaceable amidst the terrors and cruelties of fuch a government. How enviable is our fituation, when compared with almost every country on the globe, and how much reafon have we, not only to be obedient to our laws, but to exert every power to defend and maintain a conftitution which will render us the freeft and happiest nation in the world, if we have a difpofition to enjoy thofe privileges which Heaven has bestowed upon us. No perfon can be imprisoned in cafes of a civil nature, if he be able to pay the debt. If he be unable, he may be imprisoned by precept from lawful authority. If a man will be fo imprudent as to involve himself in debts, that he cannot difcharge, he muft fuffer imprisonment, as a coufequence of his imprudence and folly. But even then, if he can procure bonds, he may enjoy certain liberties adjacent to the prifon, and is not fubjected to the horrors of clofe confinement. If he be fo poor that he cannot pay the debt nor fupport himself, the law allows him to take an oath, that he has not estate to the value of five pounds, on which he fhall be difcharged from prifon, unless the creditor furnishes him with fupport. Every confinement of a perfon, in any fhape, is called an imprifonment, and if it be done without legal authority, it is falfe imprifonment. The legality of imprisonment, confifts in its being done by procefs, precept, or warrant, from proper authority, having power to commit; which must be in writing, figned by fuch authority, and expreffing the caufe of commitment.. If a man be illegally reftrained of his liberty, an action of trefpafs will lie to recover damages, and if he be compelled to execute a contract, to obtain his liberty, he may avoid it. This is called dure's |