Sir William Blackstone，1723—1780，was the son of a silk merchant，and was born in London.He studied with great success at Oxford，and was admitted to the bar in 1745.At first he could not obtain business enough in his profession to support himself，and for a time relinquished practice，and lectured at Oxford.He afterwards returned to London，and resumed his practice with great success，still continuing to lecture at Oxford.He was elected to Parliament in 1761；and in 1770 was made a justice of the Court of Common Pleas，which office he held till his death.Blackstone's fame rests upon his “Commentaries on the Laws of England，”published about 1769.He was a man of great ability，sound learning，unflagging industry，and moral integrity.His great work is still a common textbook in the study of law.
In the beginning of the world，we are informed by Holy Writ，the allbountiful Creator gave to man dominion over all the earth，and “over the fish of the sea，and over the fowl of the air，and over every living thing that moveth upon the earth.”This is the only true and solid foundation of man's dominion over external things，whatever airy，metaphysical notions may have been started by fanciful writers upon this subject.The earth，therefore，and all things therein，are the general property of all mankind，exclusive of other beings，from the immediate gift of the Creator.And while the earth continued bare of inhabitants，it is reasonable to suppose that all was in common among them，and that everyone took from the public stock，to his own use，such things as his immediate necessities required.
These general notions of property were then sufficient to answer all the purposes of human life；and might，perhaps，still have answered them，had it been possible for mankind to have remained in a state of primeval simplicity，in which“all things were common to him.”Not that this communion of goods seems ever to have been applicable，even in the earliest ages，to aught but the substance of the thing；nor could it be extended to the use of it.For，by the law of nature and reason，he who first began to use it，acquired therein a kind of transient property，that lasted so long as he was using it，and no longer.Or，to speak with greater precision，the right of possession continued for the same time，only，that the act of possession lasted.
Thus，the ground was in common，and no part of it was the permanent property of any man in particular；yet，whoever was in the occupation of any deter-mined spot of it，for rest，for shade，or the like，acquired for the time a sort of ownership，from which it would have been unjust and contrary to the law of nature to have driven him by force；but，the instant that he quitted the use or occupation of it，another might seize it without injustice.Thus，also，a vine or other tree might be said to be in common，as all men were equally entitled to its produce；and yet，any private individual might gain the sole property of the fruit which he had gathered for his own repast: a doctrine well illustrated by Cicero，who compares the world to a great theater，which is common to the public，and yet the place which any man has taken is，for the time，his own.
But when mankind increased in number，craft，and ambition，it became necessary to entertain conceptions of a more permanent dominion；and to appropriate to individuals not the immediate use only，but the very substance of the thing to be used.Otherwise，innumerable tumults must have arisen，and the good order of the world been continually broken and disturbed，while a variety of persons were striving who should get the first occupation of the same thing，or disputing which of them had actually gained it.As human life also grew more and more refined，abundance of conveniences were devised to render it more easy，commodious，and agreeable；as habitations for shelter and safety，and raiment for warmth and decency.But no man would be at the trouble to provide either，so long as he had only a usufructuary property in them，which was to cease the instant that he quitted possession；if，as soon as he walked out of his tent or pulled off his garment，the next stranger who came by would have a right to inhabit the one and to wear the other.
In the case of habitations，in particular，it was natural to observe that even the brute creation，to whom everything else was in common，maintained a kind of permanent property in their dwellings，especially for the protection of their young；that the birds of the air had nests，and the beasts of the fields had caverns，the invasion of which they esteemed a very flagrant injustice，and would sacrifice their lives to preserve them.Hence a property was soon established in every man's house and homestead；which seem to have been originally mere temporary huts or movable cabins，suited to the design of Providence for more speedily peopling the earth，and suited to the wandering life of their owners，before any extensive property in the soil or ground was established.
There can be no doubt but that movables of every kind became sooner appropriated than the permanent，substantial soil；partly because they were more susceptible of a long occupancy，which might be continue for months together without any sensible interruption，and at length，by usage，ripen into an established right；but，principally，because few of them could be fit for use till improved and meliorated by the bodily labor of the occupant；which bodily labor，bestowed upon any subject which before lay in common to all men，is universally allowed to give the fairest and most reasonable title to an exclusive property therein.
The article of food was a more immediate call，and therefore a more early consideration.Such as were not contented with the spontaneous product of the earth，sought for a more solid refreshment in the flesh of beasts，which they obtained by hunting.But the frequent disappointments incident to that method of provision，induced them to gather together such animals as were of a more tame and sequacious nature and to establish a permanent property in their flocks and herds，in order to sustain themselves in a less precarious manner，partly by the milk of the dams，and partly by the flesh of the young.
The support of these their cattle made the article of water also a very important point.And，therefore，the book of Genesis，（the most venerable monument of antiquity，considered merely with a view to history，）will furnish us with frequent instances of violent contentions concerning wells；the exclusive property of which appears to have been established in the first digger or occupant，even in places where the ground and herbage remained yet in common.Thus，we find Abraham，who was but a sojourner，asserting his right to a well in the country of Abimelech，and exacting an oath for his security “because he had digged that well.”And Isaac，about ninety years afterwards，reclaimed this his father's property；and，after much contention with the Philistines，was suffered to enjoy it in peace.
All this while，the soil and pasture of the earth remained still in common as before，and open to every occupant；except，perhaps，in the neighborhood of towns，where the necessity of a sale and exclusive property in lands，（for the sake of agriculture，）was earlier felt，and therefore more readily complied with.Otherwise，when the multitude of men and cattle had consumed every convenience on one spot of ground，it was deemed a natural right to seize upon and occupy such other lands as would more easily supply their necessities.
We have a striking example of this in the history of Abraham and his nephew Lot.When their joint substance became so great that pasture and other conveniences grew scarce，the natural consequence was that a strife arose between their servants；so that it was no longer practicable to dwell together.This contention，Abraham thus endeavored to compose： “Let there be no strife，I pray thee，between me and thee.Is not the whole land before thee？Separate thyself，I pray thee，from me.If thou wilt take the left hand，then I will go to the right；or if thou depart to the right hand，then I will go to the left.”This plainly implies an acknowledged right in either to occupy whatever ground he pleased that was not preoccupied by other tribes.“And Lot lifted up his eyes，and beheld all the plain of Jordan，that it was well watered everywhere，even as the garden of the Lord.Then Lot chose him all the plain of Jordan，and journeyed east；and Abraham dwelt in the land of Canaan.”
As the world by degrees grew more populous，it daily became more difficult to find out new spots to inhabit，without encroaching upon former occupants；and，by constantly occupying the same individual spot，the fruits of the earth were consumed，and its spontaneous products destroyed without any provision for future supply or succession.It，therefore，became necessary to pursue some regular method of providing a constant subsistence；and this necessity produced，or at least promoted and encouraged the art of agriculture.And the art of agriculture，by a regular connection and consequence，introduced and established the idea of a more permanent property in the soil than had hitherto been received and adopted.
It was clear that the earth would not produce her fruits in sufficient quantities without the assistance of tillage；but who would be at the pains of tilling it，if another might watch an opportunity to seize upon and enjoy the product of his industry，art and labor？Had not，therefore，a separate property in lands，as well as movables，been vested in some individuals，the world must have continued a forest，and men have been mere animals of prey.Whereas，now，（so graciously has Providence interwoven our duty and our happiness together，）the result of this very necessity has been the ennobling of the human species，by giving it opportunities of improving its rational，as well as of exerting its natural faculties.
Necessity begat property；and，in order to insure that property，recourse was had to civil society，which brought along with it a long train of inseparable concomitants: states，government，laws，punishments，and the public exercise of religious duties.Thus connected together，it was found that a part only of society was sufficient to provide，by their manual labor，for the necessary subsistence of all；and leisure was given to others to cultivate the human mind，to invent useful arts，and to lay the foundations of science.
译文 TRANSLATION
威廉·布莱克斯通爵士（1723—1780），英国著名律师、法学家，曾负笈牛津。他的代表作是1769年出版的《论英国法律》。威廉·布莱克斯通干练、渊博、勤勉、正直。
创世之初，《圣经》告诉我们，全能的造物者赐予人类统辖大地之权，统辖“海中的游鱼，空中的飞禽和大地上走动的每个生灵”。不管想象丰富的作家在这个题材上创立过多么空灵、多么富于玄想的观念，这却是人类统辖外物的唯一真实、坚固的基础。大地与万物也因此成为人类而不是其他生物的共有财产，它们是上帝直接赐予人类的礼物。虽然大地没有人类仍继续存在，却有理由设想万物是人类共有的，每个人都可以从这份公共财产中获取最急需的东西为己所用。
关于财产的这些基本观念足以并且或许业已回应了人类的所有目的，如果人类仍保持原初的纯朴状态，即“万物为他所有”的状态。但即使在最古老的年代，物品共有似乎也应用于事物的意义上，而没有扩展到物品的使用权。因为依照自然法和理性法，第一个使用某物的人因之获有一种过渡性的物权，这一权利在其使用该物时一直拥有，直至他不再使用。或者，更准确地说，所有权与行使所有权的行为持续至始终。
因此，大地是人类共有的，没有哪一部分是为某人所专有的永恒财产。然而，无论谁拥有了设定的某一部分，他就暂时得到了所有权，若用暴力将其赶走则是不公平也是有违自然法的。但是，一旦他不再使用或拥有那设定的部分，其他人将获有该项权利而这并不有违公平。如是，一根藤或者别的树或许可以说是共有的，因为所有人有享用它果实的平等权利。然而，任何个人都可拥有那个果实的独占权，如果他已将其先行采摘以作自己享受之用——对这一原则，西塞罗有很好的阐述，他将世界比作大剧院，剧院为公众共有，但任何人的座位却都为他独有。
但是，随着人的数量越来越多，技艺越来越高，志向越来越大，获取更长久的统辖权这些观念应运而生；对个体而言，要调配的不仅有事物的目前使用权而且包括该事物的使用性质。不然，当初，人们在争执谁该第一个占有某事物或辩论哪个人已真正赢得了该事物时，势必会产生无尽的喧嚣。人类生活越来越精致，大量便捷设施得以发明，令生活愈发悠闲、舒适、宜人；居所用于遮蔽风雨、保障安全，服装则用于保暖与修饰。假如人对于居所与服饰只有用益权，那么就没有人愿意不辞辛劳地提供它们，因为用益权将随着拥有权的丧失而终止；即：如果一个人走出帐篷或脱下衣服，经过的陌生人就有权住进帐篷里面或穿上衣服。
就居所而言，则尤其如此。我们可以自然地注意到，尽管其他事对那些野蛮的造物来说都是共有的，但它们却把居所视作永久性财产，特别用以保护它们的幼崽。空中的飞鸟有巢，莽原的走兽有穴，它们将对自己巢穴的侵犯视作公然的不义，宁愿拼却性命来保护其完整无缺。因此，在对土地的任何衍生权利尚未建立前，每个人就对其家园都确立了某种所有权，虽然这些家宅最初似乎只是临时的棚屋或流动的小木屋，虽然最初建造它们只是为满足上帝让人类遍居大地的心愿及适应人类流浪的生活。
毋庸置疑，据有动产比拥有永久性的实质性的土地更快；部分原因在于长期持有行为对动产影响更大，如果连续数月持有某项动产，并在这一期间内没有明显的中断，则这一使用权最终会变为一种既定的权利。但是，更主要原因在于动产几乎都要经过持有者付出辛劳来提升和改良才能使用，而将辛劳施与公众先前所共有的事物，进而将其变为独有权益，这被广泛认可为最公平合理的方式。
食物是更直接的需求，因此也得到了优先的考虑。那些不满足于蔬菜粮食的人会猎捕野兽来打牙祭。但是，这种方式屡遭失败，所以他们把那些生性更为驯良的动物聚在一起，把它们驯化为禽畜，这样他们就能用更安全稳定的方式来供养自己，诸如成年牲畜的奶和幼崽的肉。
饲养牲畜使得水成为关键。因此，《创世纪》（仅从历史而言，该书亦是最令人敬重的古代纪念碑）中连篇累牍地记叙由井所引发的械斗。井被第一个挖井人或第一个所有者独占，这在一些土地、牧草公有的地方亦然。由此，我们发现，虽仅是位寄居者，亚伯拉罕却宣称自己对亚比米勒的一口井拥有所有权，为巩固自己的权利，他发誓称那口井是他挖的。大约九十年后，以撒重申他父亲的权利，并在与非利士人多番争斗后，和平地享用了那口井。
在以上过程中，土地和牧场仍像从前一样为每个使用者共有；也许城镇周边除外，在那里，因为农业发达，人们更早感受到出售农产品和土地私有的必要性，并且更愿意顺应这一诉求。而另一方面，人们带领畜群耗尽某处地利之后，他们会去争夺另一处能够更好地满足他们需求的土地，这被视为天经地义。
亚伯拉罕和侄子罗德的经历就是这方面的范例。他们曾联合在一起，但人多势众却使牧场和其他设施供不应求，自然地，他们的仆人间起了争执，以至于再住在一起已不切实际。亚伯拉罕为解决这场纠纷竭尽心力：“我求你，在你我之间不要有纷争。整个大地都在我们面前，不是吗？请你拿走你自己的那一份吧。如果你要左边，我就去右边；或者你去右边，那么我就去左边。”这清楚地说明，拥有未被其他部族占据的任何一处土地都是得到认可的权利。“罗德抬起眼，看到约旦平原，水源丰沛，宛若上帝的花园。于是罗德给自己选了约旦平原，就去往东部；而亚伯拉罕则居住在迦南地。”
随着世界人口越来越多，如果不影响先前占有者的利益，找到新的居住地点将日益艰难。不断占有同一地点，大地的果实将被消耗殆尽，其自然出产将被破坏，以致未来无以为继。因此，有必要探索某种有规律的方式来提供稳定的产量；而这一需求产生或至少推动及拓展了农艺。农艺借由有规律的联系而最终引进和建立了这一财产观念，比先前所采用的更为永久。
显然，没有耕种，大地不会丰收；但是，谁会愿意自己劳作却让别人乘机攫取自己勤劳与技艺的成果？因此，如果地上的财产及动产不被投资于个人，那么世界将仍是一片榛莽，人们将仍是动物的口中餐。然而，如今，上帝仁慈地将我们的义务与幸福结合在一起，通过赋予人类提升理性和展现自然才能的机会，本出自单纯的需求，其结果却使人类高贵起来。
需求产生财产；而为确保财产，则必须诉诸文明社会以及随之而生的一系列建制：国家、政府、法律、惩罚和宗教仪式。当这些结合在一起之后，人们发现只需一部分人从事体力劳动就足以满足全社会的需求；而另一些人则拥有闲暇来培育人的心智、发明实用技艺及为科学奠定基础。
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