aw.

[Footnote e: c. 29.]

[Footnote f: 2 Inst. 48.]

3. BESIDES those limbs and members that may be necessary to man, in
order to defend himself or annoy his enemy, the rest of his person or
body is also entitled by the same natural right to security from the
corporal insults of menaces, assaults, beating, and wounding; though
such insults amount not to destruction of life or member.

4. THE preservation of a man's health from such practices as may
prejudice or annoy it, and

5. THE security of his reputation or good name from the arts of
detraction and slander, are rights to which every man is intitled, by
reason and natural justice; since without these it is impossible to
have the perfect enjoyment of any other advantage or right. But these
three last articles (being of much less importance than those which
have gone before, and those which are yet to come) it will suffice to
have barely mentioned among the rights of persons; referring the more
minute discussion of their several branches, to those parts of our
commentaries which treat of the infringement of these rights, under
the head of personal wrongs.

II. NEXT to personal security, the law of England regards, asserts,
and preserves the personal liberty of individuals. This personal
liberty consists in the power of loco-motion, of changing situation,
or removing one's person to whatsoever place one's own inclination may
direct; without imprisonment or restraint, unless by due course of
law. Concerning which we may make the same observations as upon the
preceding article; that it is a right strictly natural; that the laws
of England have never abridged it without sufficient cause; and, that
in this kingdom it cannot ever be abridged at the mere discretion of
the magistrate, without the explicit permission of the laws. Here
again the language of the great charter[g] is, that no freeman shall
be taken or imprisoned, but by the lawful judgment of his equals, or
by the law of the land. And many subsequent old statutes[h] expressly
direct, that no man shall be taken or imprisoned by suggestion or
petition to the king, or his council, unless it be by legal
indictment, or the process of the common law. By the petition of
right, 3 Car. I, it is enacted, that no freeman shall be imprisoned or
detained without cause shewn, to which he may make answer according to
law. By 16 Car. I. c. 10. if any person be restrained of his liberty
by order or decree of any illegal c