I feel sure that those to whom I address myself will, with me, respond readily to this wholesome maxim, that “in every question in which my liberty or my property are concerned, I would consult and be determined by the dictates of common sense.” “I confess,” continues Lord Chatham, “that I am apt to distrust the refinements of learning, because I have seen the ablest and most learned men equally liable to deceive themselves, and to mislead others. The condition of human nature would be lamentable indeed if nothing less than the greatest learning and talents which fall to the share of so small a number of men were sufficient to direct our judgment and conduct. But Providence has taken better care of our happiness, and given us, in the simplicity of common sense, a rule for our direction by which we shall never be misled.... The evidence which truth carries with it is superior to all argument; it neither wants the support nor dreads the opposition of the greatest abilities.” And to evince this truth of which I speak, I have preferred to go to the original sources; and in cases where my own words would have little or no weight, I shall give frequently and copiously the words of our great constitutional writers,—men, the exercise of whose learning and abilities was guided and directed by that plain common sense and reverential regard of principles which are the only safe guides in legislation. I shall make no apology for an occasional lengthy quotation, because although the books from which I quote are or may be in the hands of all persons of the more privileged classes, I am aware that the working classes have little time or opportunity for consulting them. Among the clauses in Magna Charta, there is one upon which the importance of all the others hinges, and upon which the security afforded by the others practically depends. This clause, and the supplementary clause which follows it, have been those whose subject has formed, more than any other, matter and occasion for the great battles fought for English liberty and right since the Charter was signed by King John. They are the 39th and 40th clauses of King John’s Charter, and the 29th of that of King Henry III., and are as follows:— 39. Nullus liber homo capiatur, vel imprisonetur, aut utlagetur, aut exuletur, aut aliquo modo destruatur, nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terræ. 40. Nulli vendemus, nulli negabimus, aut differemus rectum aut justitiam. 39. NO FREEMAN SHALL BE TAKEN, OR IMPRISONED, OR DISSEISED, OR OUTLAWED, OR BANISHED, OR ANYWAYS DESTROYED, NOR WILL WE PASS UPON HIM, NOR WILL WE SEND UPON HIM, UNLESS BY THE LAWFUL JUDGMENT OF HIS PEERS, OR BY THE LAW OF THE LAND. 40. WE WILL SELL TO NO MAN, WE WILL NOT DENY TO ANY MAN EITHER JUSTICE OR RIGHT.