00:05:58; 14 of 49 Public sobriety is a relative duty and therefore enjoyed by our laws. Private sobriety is an absolute duty which it be performed or not, human tribunals can never know and therefore they can never enforce it by any civil sanction. 00:16:58; 14 of 49 The right of all mankind; 1) the right of personal security, 2) the right of personal liberty, 3) the right of private property. The right of personal security consists in a persons legal and uninterrupted enjoyment of his life, his limbs, his body, his health and his reputation. life is the immediate gift of God. 00:05:00; 15 of 49 The confinement of the person in any ways is an imprisonment. So the keeping a man against his will in a private house, putting him in stocks, arresting of, forcibly detaining him in the street is an imprisonment and the law so much discourages unlawful confinement that if man is redress of imprisonment which would be fore explained to me a compulsion by an illegal restraint of liberty until he seals a bond or alike, he may allege this redress and avoid the extorted bond. To make imprisonment lawful it must either be by process of the courts of judicature or by warrant from some legal officer having authority to commit to prison, which warrant must be in writing and under the hand and seal of magistrate and express the causes of the commitment in order to be examined if necessary upon a habeus corpus. if there be no cause expressed, the gaoler is not bound to detain the prisoner. 00:06:20; 15 of 49 Personal liberty, every English man may claim a right to abide in his own country for as long as he pleases and not to be driven from it unless by sentence of law. The king in deed by his royal prerogative may issue out his writ and prohibit any of his subjects from going into foreign parts without license. This may be necessary for the public service and safety, and good of the common wealth, but no power on earth except that of parliament can send any subject of England out of the land against his will thou not even a criminal for exile and transportation is a punishment unknown to the common law. The great charter declares that no freeman shall be banished unless by the judgement of his peers or the law of the land and by the habeus corpus act 31, Charles the 2nd Chapter 2 of that second magna carta. 00:08:42; 15 of 49 The third absolute right inherent of every english man is that of property, which consists of the free use, enjoyment and disposal of all his acquisitions without any control or diminution save only of the laws of the land. 00:09:28; 15 of 49 No freeman shall be deseized or divested of his freehold or his liberties or his free customs but by the judgement of his peers or by the law of the land, and by a variety of ancient statutes it is enacted that no mans lands be seized into the kings hand against the great charter and the law of the land and that no man shall be disinherited or put out of his franchise or freehold unless he be truly brought to answer and be fore judged by court of law and if anything be done to the contrary, it shall be redressed and holden for none. If a new road where to be made through the grounds of a private person it might extensively be beneficial to the public but the law permits no man or set of men to do this without the consent of the owner of the land. in vain may it be urged, that the good of the individual ought to yield to that of the community; for it would be dangerous to allow any private man, or even any public tribunal, to be the judge of this common good, and to decide wether it be expedient or no, besides the public good is nothing more essentially interested, then in the protection of every individuals private rights. 00:11:40; 15 of 49 No subject of England can be constrained to pay any aids or taxes, even for the defense of the realm, or the support of the government, but such as are imposed by his own consent, or that of his representatives in parliament 00:15:19; 15 of 49 Court of justice must at all times be open to the subject, and the law be duly administered therein. The emphatical words of the magna carta, spoken in the person of the king, who in judgement of the law, is ever present and repeating them in all his courts, are these; “and therefore every subject for injury done to him, by any other subject, be he ecclesiastical or temporal, without exception, may take his remedy by the course of the law, and have justice and right to the injury done to him, freely without sale, fully without any denial, and speedily without delay.
Posted on: Tue, 28 Oct 2014 19:47:02 +0000
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