re established
certain other auxiliary subordinate rights of the subject, which serve
principally as barriers to protect and maintain inviolate the three
great and primary rights, of personal security, personal liberty, and
private property. These are,
1. THE constitution, powers, and privileges of parliament, of which I
shall treat at large in the ensuing chapter.
2. THE limitation of the king's prerogative, by bounds so certain and
notorious, that it is impossible he should exceed them without the
consent of the people. Of this also I shall treat in it's proper
place. The former of these keeps the legislative power in due health
and vigour, so as to make it improbable that laws should be enacted
destructive of general liberty: the latter is a guard upon the
executive power, by restraining it from acting either beyond or in
contradiction to the laws, that are framed and established by the
other.
3. A THIRD subordinate right of every Englishman is that of applying
to the courts of justice for redress of injuries. Since the law is in
England the supreme arbiter of every man's life, liberty, and
property, courts of justice must at all times be open to the subject,
and the law be duly administred therein. The emphatical words of
_magna carta_[s], spoken in the person of the king, who in judgment of
law (says sir Edward Coke[t]) is ever present and repeating them in
all his courts, are these; "_nulli vendemus, nulli negabimus, aut
differemus rectum vel justitiam_: and therefore every subject,"
continues the same learned author, "for injury done to him _in bonis,
in terris, vel persona_, by any other subject, be he ecclesiastical or
temporal without any exception, may take his remedy by the course of
the law, and have justice and right for the injury done to him, freely
without sale, fully without any denial, and speedily without delay."
It were endless to enumerate all the _affirmative_ acts of parliament
wherein justice is directed to be done according to the law of the
land: and what that law is, every subject knows; or may know if he
pleases: for it depends not upon the arbitrary will of any judge; but
is permanent, fixed, and unchangeable, unless by authority of
parliament. I shall however just mention a few _negative_ statutes,
whereby abuses, perversions, or delays of justice, especially by the
prerogative, are restrained. It is ordained by _magna carta_[u], that
no freeman shall be outlawed, that is, put out o
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