Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/19

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Ch. 1.
of Things.
7

Upon the ſame principle was founded the right of migration, or ſending colonies to find out new habitations, when the mother-country was overcharged with inhabitants; which was practiſed as well by the Phaenicians and Greeks, as the Germans, Scythians, and other northern people. And, ſo long as it was confined to the ſtocking and cultivation of desart uninhabited countries, it kept ſtrictly within the limits of the law of nature. But how far the ſeiſing on countries already peopled, and driving out or maſſacring the innocent and defenceleſs natives, merely becauſe they differed from their invaders in language, in religion, in cuſtoms, in government, or in colour; how far ſuch a conduct was conſonant to nature, to reaſon, or to chriſtianity, deſerved well to be conſidered by thoſe, who have rendered their names immortal by thus civilizing mankind.

As the world by degrees grew more populous, it daily became more difficult to find out new ſpots to inhabit, without encroaching upon former occupants; and, by conſtantly occupying the ſame individual ſpot, the fruits of the earth were conſumed, and it's ſpontaneous produce deſtroyed, without any proviſion for a future ſupply or ſucceſſion. It therefore became neceſſary to purſue ſome regular method of providing a conftant ſubſiſtence; and this neceſſity produced, or at leaſt promoted and encouraged, the art of agriculture. And the art of agriculture, by a regular connexion and conſequence, introduced and eſtabliſhed the idea of a more permanent property in the ſoil, than had hitherto been received and adopted. It was clear that the earth would not produce her fruits in ſufficient quantities, without the aſſiſtance of tillage: but who would be at the pains of tilling it, if another might watch an opportunity to ſeiſe upon and enjoy the product of his induſtry, art, and labour? Had not therefore a ſeparate property in lands, as well as moveables, been veſted in ſome individuals, the world muſt have continued a foreſt, and men have been mere animals of prey; which, according to ſome philoſophers, is the genuine ſtate of nature. Whereas now (ſo graciouſly

has