“The absolute rights of man, considered as a free agent, endowed with discernment to know good from evil, and with power of choosing those measures which appear to him to be most desirable, are usually summed up in one general appellation, and denominated the natural liberty of mankind. This natural liberty consists properly in a power of acting as one thinks fit, without any restraint or control, unless by the law of nature: being a right inherent in us by birth, and one of the gifts of God to man at his creation, when he endowed him with the faculty of freewill. But every man, when he enters into society, gives up a part of his natural liberty, as the price of so valuable a purchase; and, in consideration of receiving the advantages of mutual commerce, obliges himself to conform to those laws, which the community has thought proper to establish.”

Book I, ch. 1 http://avalon.law.yale.edu/18th_century/blackstone_bk1ch1.asp: Of the Absolute Rights of Individuals.
Commentaries on the Laws of England (1765–1769)

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William Blackstone 15
English jurist, judge and Tory politician 1723–1780

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“After Magna Carta became subject to renewed interest in the 17th century, William Blackstone referred to this provision as protecting the 'absolute rights of every Englishman'. And he formulated those absolute rights as 'the right of personal security', which included the right to life; 'the right of personal liberty'; and 'the right of private property'. He defined 'the right of personal liberty' as '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'. The Framers drew heavily upon Blackstone's formulation, adopting provisions in early State Constitutions that replicated Magna Carta's language, but were modified to refer specifically to 'life, liberty, or property'. State decisions interpreting these provisions between the founding and the ratification of the Fourteenth Amendment almost uniformly construed the word 'liberty' to refer only to freedom from physical restraint. Even one case that has been identified as a possible exception to that view merely used broad language about liberty in the context of a habeas corpus proceeding—a proceeding classically associated with obtaining freedom from physical restraint.”

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