The constitution violated : $b An essay — John Shaqi
The constitution violated : $b An essayButler, Josephine Elizabeth Grey
History
The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
Lord Coke[9] speaks thus of these clauses: “These are all words which
should be carefully read over and over again, for as the gold-finer will
not out of the dust, shreds, or shreds of gold let passe the least crum
in respect of the excellency of the metal, so ought not the learned
reader to passe any syllable of this law, in respect of the excellency
of the matter.” “As to the extent of the applicability of the words of
the charter,” Sir Edward Creasy says,[10] “it is not a piece of class
legislation, but its benefits apply to all the freemen of the land, and
all freemen are equal in the eye of this great law.” Lord Chatham speaks
thus of the temper in which this great article of the charter was
contended for by the Barons: “They did not confine it to themselves
alone, but delivered it as a common blessing to the whole people; they
did not say, these are the rights of the great Barons, or these are the
rights of the great Prelates; no, but they said, in the simple Latin of
the times, ‘Nullus liber Homo,’ and provided as carefully for the
meanest subject as for the greatest. These are uncouth words, and sound
but poorly in the ears of scholars, neither are they addressed to the
criticism of scholars, but to the hearts of free men. These three words,
‘Nullus liber Homo,’ have a meaning which interests us all; they deserve
to be remembered, they deserve to be inculcated on our minds, they are
worth all the classics.” The words “Nullus liber Homo” did not
originally apply to every person living in England, because a portion of
the population was in a state of serfdom or villeinage, which was in
effect slavery. But this slavery was in the course of time abolished,
and the seeds of enfranchisement were sown by the Great Charter itself.
“For[11] through the action of its principles, the villeins (or slaves)
were constantly rising into freemen, so that the ultimate effect of this
clause was to give and to guarantee full protection for person and
property to every human being who breathes English air.” In a future
portion of this Essay it will be shown how by the enactments which we
deplore a portion of the community is continually passing from the state
of freemen into the state of slavery, and is in effect by the action of
the Contagious Diseases Acts put, with respect to the operation of the
law, out of the pale of those denominated by the words “liber Homo.”
Public-domain text, read in full here on John Shaqi.
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