“In the three preceding articles we have taken a short view of the principal absolute rights which appertain to every Englishman. But in vain would these rights be declared, ascertained, and protected by the dead letter of the laws, if the constitution had provided no other method to secure their actual enjoyment. It has therefore established certain other auxiliary subordinate rights of the subject, which serve principally as barriers to protect and maintain inviolate the three great and primary rights, of personal security, personal liberty, and private property.”
– Sir William Blackstone's “Commentaries on the Laws of England” (1765), Book 1, Chapter 1
Sir William Blackstone once said that the most basic rights of human beings were personal security, personal liberty, and private property. (More about this in another post.) Blackstone said much about this in his “Commentaries on the Laws of England,” a major legal work from the eighteenth century. But he also said that “in vain would these rights be declared, ascertained, and protected by the dead letter of the laws, if the constitution had provided no other method to secure their actual enjoyment.” (Source: Book 1, Chapter 1) Therefore, Blackstone argued that the British Constitution had established “certain other auxiliary subordinate rights of the subject, which serve principally as barriers to protect and maintain inviolate the three great and primary rights, of personal security, personal liberty, and private property.” (Source: Book 1, Chapter 1)
Sir William Blackstone
Blackstone believed that these “auxiliary subordinate rights” were vital to the protection of basic rights. They are subordinate unto the other rights, because their primary purpose is to sustain and protect these rights. And they are auxiliary rights, because they exist as backup plans in case of emergency, where the government tries to infringe on these other rights. Thus, it might be appropriate to examine these rights for a moment, and show what Blackstone believed to be necessary in this endeavor. (All quotations from his “Commentaries” in this particular blog post will be from Book 1, Chapter 1. This volume was first published in 1765.)
Coat of arms of Great Britain, 1714-1800









