. But no power on
earth, except the authority of parliament, can send any subject of
England _out of_ the land against his will; no not even a criminal.
For exile, or transportation, is a punishment unknown to the common
law; and, wherever it is now inflicted, it is either by the choice of
the criminal himself, to escape a capital punishment, or else by the
express direction of some modern act of parliament. To this purpose
the great charter[n] declares that no freeman shall be banished,
unless by the judgment of his peers, or by the law of the land. And by
the _habeas corpus_ act, 31 Car. II. c. 2. (that second _magna carta_,
and stable bulwark of our liberties) it is enacted, that no subject of
this realm, who is an inhabitant of England, Wales, or Berwick, shall
be sent prisoner into Scotland, Ireland, Jersey, Guernsey, or places
beyond the seas; (where they cannot have the benefit and protection of
the common law) but that all such imprisonments shall be illegal; that
the person, who shall dare to commit another contrary to this law,
shall be disabled from bearing any office, shall incur the penalty of
a praemunire, and be incapable of receiving the king's pardon: and
the party suffering shall also have his private action against the
person committing, and all his aiders, advisers and abettors, and
shall recover treble costs; besides his damages, which no jury shall
assess at less than five hundred pounds.

[Footnote m: F.N.B. 85.]

[Footnote n: cap. 29.]

THE law is in this respect so benignly and liberally construed for the
benefit of the subject, that, though _within_ the realm the king may
command the attendance and service of all his liege-men, yet he cannot
send any man _out of_ the realm, even upon the public service: he
cannot even constitute a man lord deputy or lieutenant of Ireland
against his will, nor make him a foreign embassador[o]. For this might
in reality be no more than an honorable exile.

[Footnote o: 2 Inst. 47.]

III. THE third absolute right, inherent in every Englishman, is that
of property; which consists in the free use, enjoyment, and disposal
of all his acquisitions, without any control or diminution, save only
by the laws of the land. The original of private property is probably
founded in nature, as will be more fully explained in the second book
of the ensuing commentaries: but certainly the modifications under
which we at present find it, the method of conserving it in the
pre