Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
FIRST, by the great charter of liberties, which was obtained, sword in
hand, from king John; and afterwards, with some alterations, confirmed
in parliament by king Henry the third, his son. Which charter
contained very few new grants; but, as sir Edward Coke[h] observes,
was for the most part declaratory of the principal grounds of the
fundamental laws of England. Afterwards by the statute called
_confirmatio cartarum_[i], 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[k],) 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[l]
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_[m], whereby the crown is 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[n].
[Footnote h: 2 Inst. proem.]
[Footnote i: 25 Edw. I.]
[Footnote k: 2 Inst. proem.]
[Footnote l: 1 W. and M. st. 2. c. 2.]
[Footnote m: 12 & 13 W. III. c. 2.]
[Footnote n: Plowd. 55.]
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