His words are as follows:`All these rights and liberties it is our birthright to enjoy entire;unless where the Laws of our country have laid them under necessary restraints.Restraints in themselves so gentle and moderate,as will appear upon further enquiry,that no man of sense or probity would wish to see them slackened.For all of us have it in our choice to do every thing that a good man would desire to do;and are restrained from nothing,but what would be pernicious either to ourselves or our fellow citizens.'
If the Reader would know what these rights and liberties are,I answer him out of the same page,they are those,`in opposition to one or other of which every species of compulsive tyranny and oppression must act,having no other object upon which it can possibly be employed.'The liberty,for example,of worshipping God without being obliged to declare a belief in the XXXIX Articles,is a liberty that no `good man,''no man of sense or probity,'`would wish'for.'
13.I Comm.70.If no reason can be found for an institution,we are to suppose one:and it is upon the strength of this supposed one we are to cry it up as reasonable;It is thus that the Law is justified of her children.
The words are'Not that the particular reason of every rule in the Law can,at this distance of time,be always precisely assigned;but it is sufficient that there be nothing in the rule flatly contradictory to reason,and then the Law will presume it to be well founded.And it hath been an ancient observation in the Laws of England,'(he might with as good ground have addedand in all other Laws)`That whenever a standing rule of Law,of which the reason,perhaps,could not be remembered or discerned,hath been [wantonly]broke in upon by statutes or new resolutions,the wisdom of the rule hath in the end appeared from the inconveniences that have followed the innovation.'
When a sentiment is expressed,and whether from caution,or from confusion of ideas,a clause is put in by way of qualifying it that turns it into nothing,in this case if we would form a fair estimate of the tendency and probable effect of the whole passage,the way is,I take it,to consider it as if no such clause were there.Nor let this seem strange.Taking the qualification into the account,the sentiment would make no impression on the mind stall:if it makes any,the qualification is dropped,and the mind is affected in the same manner nearly as it would be were the sentiment to stand unqualified.