sent owner, and of translating it from man to man, are entirely
derived from society; and are some of those civil advantages, in
exchange for which every individual has resigned a part of his natural
liberty. The laws of England are therefore, in point of honor and
justice, extremely watchful in ascertaining and protecting this right.
Upon this principle the great charter[p] has declared that no freeman
shall be disseised, or divested, of his freehold, or of his liberties,
or free customs, but by the judgment of his peers, or by the law of
the land. And by a variety of antient statutes[q] it is enacted, that
no man's lands or goods shall be seised into the king's hands, against
the great charter, and the law of the land; and that no man shall be
disinherited, nor put out of his franchises or freehold, unless he be
duly brought to answer, and be forejudged by course of law; and if any
thing be done to the contrary, it shall be redressed, and holden for
none.

[Footnote p: c. 29.]

[Footnote q: 5 Edw. III. c. 9. 25 Edw. III. st. 5. c. 4. 28 Edw. III.
c. 3.]

SO great moreover is the regard of the law for private property, that
it will not authorize the least violation of it; no, not even for the
general good of the whole community. If a new road, for instance, were
to be made through the grounds of a private person, it might perhaps
be extensively beneficial to the public; but the law permits no man,
or set of men, to do this without consent of the owner of the land. In
vain may it be urged, that the good of the individual ought to yield
to that of the community; for it would be dangerous to allow any
private man, or even any public tribunal, to be the judge of this
common good, and to decide whether it be expedient or no. Besides, the
public good is in nothing more essentially interested, than in the
protection of every individual's private rights, as modelled by the
municipal law. In this, and similar cases the legislature alone can,
and indeed frequently does, interpose, and compel the individual to
acquiesce. But how does it interpose and compel? Not by absolutely
stripping the subject of his property in an arbitrary manner; but by
giving him a full indemnification and equivalent for the injury
thereby sustained. The public is now considered as an individual,
treating with an individual for an exchange. All that the legislature
does is to oblige the owner to alienate his possessions for a
reasonable price; and eve