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13. What does every man, when he enters into society, give up? 125.
A part of his natural liberty, as the price of so valuable a purchase. 14. What is political or civil liberty ?-125.
It is no other than natural liberty, so far restrained by human laws (and no farther) as is necessary and expedient for the general advantage of the public.
15. How have the absolute rights of Englishmen, usually called their liberties, been asserted ?—127, 128.
First, by the great charter of liberties, obtained from King John. Afterward, by the statute called confirmatio chartarum, whereby the great charter is directed to be allowed as the common law. Next, by a multitude of corroborating statutes. Then, by the Petition of Right, the habeas corpus act and other salutary laws passed under Charles the Second. Again, by the Bill of Rights of 1688; and lastly, by the Act of Settlement.
16. To what principal or primary articles may these rights be re: duced ?—129.
1. The right of personal security ; 2. The right of personal liberty ; 3. The right of private property. 17. In what does the first consist ?—129.
In a person's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation. 18. What are understood here by limbs ?—129.
By a man's limbs we understand only those members which may be useful to him in fight, and the loss of which alone amounts to mayhem by the common law. 19. Horo is an infant in ventre sa mere considered in laro ?—130.
For many purposes, it is supposed in law to be born. It is capable of having a legacy, or a surrender of a copyhold estate, made to it. It may have a guardian assigned to it; and it is enabled to have an estate limited to its use, and to take afterward, by such limitation, as if it were then actually born.
20. What is meant by duress per minas ?–131.
If a man, through fear of death or mayhem, is prevailed upon to execute a deed, or do any other legal act, these may be afterward avoided, if forced upon him by a well-grounded apprehension of losing his life, or ever limbs, in case of his noncompliance.
21. What is meant by civil death ?–132.
Civil death commenced, if any man was banished by the process of the common law, or ahjured the realm, or entered into religion, that is, went into a monastery, and became there a monk professed ; in which cases, he was absolutely dead in law, and his next heir should have his estate.
22. Horo does the law of England regard personal liberty ?–134.
Next to personal security, it regards, asserts, and preserves the personal liberty of individuals.
23. In what does this personal liberty consist ?–134.
In the power of locomotion, of changing situation, or moving one's person to whatsoever place one's own inclination may direct, without imprisonment or restraint, unless by due course of law.
24. What is habeas corpus ?–135.
It is a writ requiring the body of a person imprisoned to be brought before the court of king's bench, or common pleas, who sball determine whether the cause of his commitment be just, and thereupon do as to justice shall appertain.
25. When may it be sued out ?—135.
If any person be restrained of his liberty by order or decree of any illegal court, or by command of the king's majesty in person, or by warrant of the council board, or of any of the privy council.
26. What is imprisonment in law ?–136.
The confinement of the person in any wise. So that keeping a man against his will in a private house, putting him in the stocks, arresting or forcibly detaining him in the street, is an imprisonment.
27. What does the laro mean by duress of imprisonment?–136.
A compulsion by an illegal restraint of liberty, until one seals a bond, or the like. In which case, he may allege the duress, and avoid the extorted bond.
28. What is necessary to make an imprisonment lawful?–137.
It must either be by process from the courts of judicature, or by warrant from some legal officer having authority to commit to prison, which warrant must be in writing, under the hand and seal of the magistrate, and express the causes of the commitment, in order to be examined into if necessary upon a habeas corpus.
29. When is a jailor not bound to detain the prisoner ?—137.
When no cause of commitment is expressed in the process or warrant.
30. What says Sir Edward Coke on the subject ?-137.
“The law judges,” he says, “ like Festus the Roman governor, that it is unreasonable to send a prisoner, and not to signify withal the crimes alleged against him.”
31. Can an Englishman be restrained from leaving the kingdom—137.
He may. The king, by his royal prerogative, may issue out bis writ ne exeat regno, and prohibit any of his subjects from going into foreign parts without license.
32. Can he be compelled to leave the kingdom ?—137.
He cannot, except in criminal cases, where the convicted are sometimes punished by exile or transportation. No power, except the authority of parliament, can send any subject of England out of the land against his will, not even a criminal ; for exile and transportation are punishments unknown to the common law.
33. What is the third absolute right of Englishmen?–138.
That of property, which consists in the free use, enjoyment, and disposal of all his acquisitions, without any control or diminution, save only by the laws of the land.
34. Does the law authorize any violation of private property ?-139.
It will not authorize the least violation of private property, not even for the general good of the whole community. 35. Is there any exception to this ?—139.
In case it would be beneficial to the public that a new road should be made through the grounds of a private person, the legislature can interpose to compel that person to acquiesce in its being made; not by stripping the subject of his property in an arbitrary manner, but by giving him a full indemnification and equivalent for the injury thereby sustained.
36. What aids or taxes only can a subject of England be constrained to pay ?-140.
Only such as are imposed by his own consent, or that of his representatives in parliament.
37. What are five secondary and subordinate rights of Eng. lishmen?–141-143.
1. The constitution, powers and privileges of parliament. 2. The limitation of the king's prerogative.
3. The right of applying to the courts of justice for redress of injuries.
4. The right of petitioning the king, or either house of parliament, for the redress of grievances, in case there should happen any uncommon injury, or infringement of the rights before mentioned, which the ordinary course of law is too defective to reach.
5. The right of having arms for their defence, suitable to their condition and degree, and such as are allowed by law.
These are auxiliary rights, which serve principally as outworks or barriers, to protect and maintain inviolate the three great and primary rights.
38. What in England is the supreme arbiter of every man's life, liberty, and property ?-141.
39. What is said as to the right of every Englishman to apply to the courts of justice for redress of injuries 1—141, 142.
That, for injury done to him in bonis, in terris, vel persona, by any other subject, be he ecclesiastical or temporal, without any exception, he may take his remedy by the course of the law, and have justice and right for the injury done to him.
40. Can the substantial part, or judicial decisions, of the law, or the method of proceeding, be altered except by parliament ?–142.
They cannot. The power to alter either rests in parliament alone.
41. Can the king erect ner courts of justice ?–142.
He can ; but then they must proceed according to the established forms of the common law.
OF THE PARLIAMENT.
1. What is the most universal public relation by which men are connected together ?-146.
That of government; namely, as governors and governed, or, in other words, as magistrates and people.
2. What is the distinction between supreme and subordinate magistrates ?–146.
Of magistrates, some are supreme, in whom the sovereign power of the state resides ; others are subordinate, deriving all their authority from the supreme magistrate, accountable to him for their conduct, and acting in an inferior secondary sphere.
3. In England how is the supreme magistracy divided ?–146, 147.
Into two branches ; the one legislative, to wit, the parliament, consisting of king, lords, and commons; the other executive, consisting of the king alone. 4. How ancient are parliaments in England ?-149.
Parliaments, or general councils, are coeval with the king, dom itself. It is generally agreed that, in the main, the consti.