What are the rights of Englishmen, and what does the liberty of the press mean?

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated): William Blackstone believed that rights of persons commanded by municipal law are of two sorts: civil duties and rights belonging to individuals. He emphasized that rights can be both duties required from and rights belonging to particular persons, with examples like allegiance and protection being reciprocal rights and duties. "the rights of persons that are commanded to be observed by the municipal law are of two sorts: first, such as are due from every citizen, which are usually called civil duties; and, secondly, such as belong to him, which is the more popular acceptation of rights or jura." [1]
• BELIEF (undated): William Blackstone believed that the rights of Englishmen include the right of personal security, the right of personal liberty, and the right of private property. He argued that these rights are the foundation of civil immunities and are defined by statutes such as the Bill of Rights and the Act of Settlement. (key quote above) [2]
• BELIEF (undated): William Blackstone argued that the liberty of the press is a right of Englishmen, but it is not an absolute right and is subject to legal restrictions for the preservation of the peace and the good of the whole society. [3]
• BELIEF (undated): William Blackstone believed that the liberty of the press should not be controlled by an inspector, as this would prevent it from being used for any good purpose. He argued that the only way to prevent abuse of the press is through the laws, not through prior restraint. (key quote above) [4]
• BELIEF (undated): William Blackstone believed that the liberty of the press is essential to a free state and consists in the absence of previous restraints on publications, not in freedom from censure for criminal matter when published. He argued that while every freeman has the right to express his sentiments, he must take the consequences if his publications are improper, mischievous, or illegal. [5]
• BELIEF (undated): William Blackstone believed that the liberty of Englishmen began to re-emerge from the period of strict adherence to the Magna Carta, though it was still weighed down by military tenures for many ages. He did not directly address the rights of Englishmen in general or the liberty of the press specifically in this passage. "it is from this period—from the exact observation of magna carta, rather than from its making or renewal, in the days of his grandfather and father—that the liberty of Englishmen began again to rear its head, though the weight of the military tenures hung heavy upon it for many ages after." [6]
• BELIEF (undated): William Blackstone discusses the absolute rights of Englishmen, which he reduces to three principal articles: personal security, personal liberty, and the property of individuals. He also mentions five secondary and subordinate absolute rights, but does not elaborate on the liberty of the press in this passage. "To what three principal or primary articles may these rights be reduced? 129." [7]
• ACTION (editor's note) (undated; editor's note, not his words): The editor reports that William Blackstone wrote about the free communication of thoughts and opinions as an invaluable right of man, and that citizens may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. He also discussed the right to give truth in evidence in libel cases involving public officials and the right of juries to determine law and facts in libel indictments. "The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty." [8]
• ACTION (editor's note) (undated; editor's note, not his words): The editor reports that the press became properly free in 1694 and has continued so since. The editor also details historical actions by the long parliament of Charles I and subsequent statutes regarding the regulation of printing, but does not attribute these actions to William Blackstone. "the press became properly free in 1694, and has ever since so continued." [9]
• ACTION (editor's note) (undated; editor's note, not his words): The editor notes that William Blackstone would fix the theoretical perfection of English public law in the year 1679, after the Habeas Corpus Act was passed and the press licensing act had expired. "The point of time at which I would choose to fix this theoretical perfection of our public law is in the year 1679, after the habeas corpus act was passed and that for licensing the press had expired" [10]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [8], [9], [10].

2. HOW IT APPLIES (reasoning; inference is marked)

1. William Blackstone believed that the rights of Englishmen include the right of personal security, the right of personal liberty, and the right of private property, as defined by statutes such as the Bill of Rights and the Act of Settlement. (key quote above) [2].

2. He argued that the liberty of the press is essential to a free state and consists in the absence of previous restraints on publications, not in freedom from censure for criminal matter when published. "The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications, and *not in freedom from censure for criminal matter when published." [5] (inference).

3. While every freeman has the right to express his sentiments, he must take the consequences if his publications are improper, mischievous, or illegal. "Every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this is to destroy the freedom of the press, but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity." [5].

4. The liberty of the press should not be controlled by an inspector, as this would prevent it from being used for any good purpose. (key quote above) [4].

5. The liberty of the press is subject to legal restrictions for the preservation of the peace and the good of the whole society. "The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publications, and *not in freedom from censure for criminal matter when published." [5] (inference).

3. HIS TAKE

Record coverage: DIRECT

The record is silent on the specific historical actions of the long parliament of Charles I and subsequent statutes regarding the regulation of printing, but these are presented as facts by the editor, not as actions taken by William Blackstone.

Extrapolation: William Blackstone believed that the rights of Englishmen include the right of personal security, the right of personal liberty, and the right of private property. He also believed that the liberty of the press is essential to a free state and consists in the absence of previous restraints on publications, but it is not an absolute right and is subject to legal restrictions for the preservation of the peace and the good of the whole society.

Competing readings: The editor's notes suggest a broader interpretation of press freedom, implying that the press became properly free in 1694 and that the theoretical perfection of English public law was in 1679. These readings are inferences and not directly stated by William Blackstone.

Confidence: Moderate, as the record provides direct statements on the rights of Englishmen and the liberty of the press, but the competing readings are based on inferences from the editor's notes.