principal grounds of the fundamental laws of England. Afterwards by the ſtatute called confirmatio cartarum[1], whereby the great charter is directed to be allowed as the common law; all judgments contrary to it are declared void; copies of it are ordered to be ſent to all cathedral churches, and read twice a year to the people; and ſentence of excommunication is directed to be as conſtantly denounced againſt all thoſe that by word, deed, or counſel act contrary thereto, or in any degree infringe it. Next by a multitude of ſubſequent corroborating ſtatutes, (ſir Edward Coke, I think, reckons thirty two[2],) from the firſt Edward to Henry the fourth. Then, after a long interval, by the petition of right; which was a parliamentary declaration of the liberties of the people, aſſented to by king Charles the firſt in the beginning of his reign. Which was cloſely followed by the ſtill more ample conceſſions made by that unhappy prince to his parliament, before the fatal rupture between them; and by the many ſalutary laws, particularly the habeas corpus act, paſſed under Charles the ſecond. To theſe ſucceeded the bill of rights, or declaration delivered by the lords and commons to the prince and princeſs of Orange 13 February 1688; and afterwards enacted in parliament, when they became king and queen: which declaration concludes in theſe remarkable words: “and they do claim, demand, and inſiſt upon all and ſingular the premiſes, as their undoubted rights and liberties.” And the act of parliament itſelf[3] recognizes “all and ſingular the rights and liberties aſſerted and claimed in the ſaid declaration to be the true, antient, and indubitable rights of the people of this kingdom.” Laſtly, theſe liberties were again aſſerted at the commencement of the preſent century, in the act of ſettlement[4], whereby the crown was limited to his preſent majeſty’s illuſtrious houſe, and ſome new proviſions were added at the ſame fortunate aera for better ſecuring our religion, laws, and liberties; which the ſtatute declares to be “the birthright of the people of England;” according to the antient doctrine of the common law[5].
- ↑ 25 Edw. I.
- ↑ 2 Inſt. proem.
- ↑ 1 W. & M. ſt. 2. c. 2.
- ↑ 12 & 13 W. III. c. 2.
- ↑ Plowd. 55.
