abſolute, which in themſelves are few and ſimple; and, then, ſuch rights as are relative, which ariſing from a variety of connexions, will be far more numerous and more complicated. Theſe will take up a greater ſpace in any code of laws, and hence may appear to be more attended to, though in reality they are not, than the rights of the former kind. Let us therefore proceed to examine how far all laws ought, and how far the laws of England actually do, take notice of theſe abſolute rights, and provide for their laſting ſecurity.
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 endued 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. And this ſpecies of legal obedience and conformity is infinitely more deſirable, than that wild and ſavage liberty which is ſacrificed to obtain it. For no man, that conſiders a moment, would wiſh to retain the abſolute and uncontroled 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 therefore, or civil, liberty, which is that of a member of ſociety, is no other than natural liberty ſo far reſtrained by human laws (and no farther) as is neceſſary and expedient for the general advantage of the public[1]. Hence we may collect that the law, which reſtrains a
- ↑ Facultas ejus, quod cuique facere libet, niſi quid jure prohibetur. Inſt. 1. 3. 1.
