marks are chief made on the grievances of first monopolizing the general rights of the people, by exclufive charters in favour of boroughs, and afterwards precluding other towns, &c. as they are, by the act of union, from the power of being restored to their ancient freedom. Were the people in general admitted to that equal legiflation which was enjoyed by their Saxon ancestors, the great evil of borough reprefentation, as well as the limited elective right that is, in many instances, confined to the felect members of the corporations, would be removed. Were the chief grievance reformed, the leffer inconveniencies would, neceffarily, be remedied. All these difputes refpecting the rights of voting in these rotten boroughs, would no longer infult the common fenfe of the nation, impoverish the contending candidates, or confound the juf tice of claiming privileges that are, conftitution. ally, the inheritance of every oftenfible house. holder in the kingdom.

CHAP

CHAP. IX.

A SUMMARY VIEW OF THE GOVERNMENT FROM
WILLIAM THE FIRST UNTIL THE PRESENT
PERIOD,

FROM the preceding enquiries, we have

traced, by the most unquestionable authorities, that every man in this country has an inherent right to freedom of perfon, and protection of property. And that he cannot justly be deprived of either of these social bleffings without his own confent or criminal forfeiture. To fecure these rights, not only the fovereigns, but the judges, take the most folemn oaths that law and right shall be done to all subjects, rich and poor, without delay, partiality, or influence, contrary to the oppreffive fyftem of the civil laws by which foreign ftates are chiefly governed; our conftitution fuffers not the king to change the law, or change them with impofitions, against their own wills. And, therefore, the people fhould freely enjoy perfonal safety and protection of property, by fuch laws as themfelves

3

1

felves defire. Thus Bracton, a judge and legal writer in the reign of Henry III. very properly obferves, that God and the law are the fuperiors of our kings. And as the law fhould be the dictates of subjects, our fovereigns are but our fervants, thus, bound to execute our commands. The free will of the nation, expreffed in our law, fhould be the directive-but not the coercive rule of regal action. This is fo congenial with the nature of our ancient fundamental principles of government, that Judge Vaughan fays, "the laws of England were never the dictates of any conqueror's fword, or the placita, or good "will and pleasure of any king of this nation; "or, to speak impartially or freely, the refults of

any parliament that ever fat in this land." Thus it is plain that he thought, with us, that the laws on which our conftitution is founded, are to be traced beyond the power of creation of kings or parliaments, Our laws derive their fource from the first and original right of man, to which kings and parliaments are indebted for their existence, and, confequently, owe their obedience. Every ftatute, that has by force, influence, or corruption, been enacted inimical to these original rights, fhould be rejected as abuses, deviations,

deviations, and infringements of our government. All arts that tend to impair, limit, prevent, or undermine ancient rights, being, according to Fortescue, a nullity, they cannot, in justice or propriety, be accepted as law. If the king cannot change the laws of that politic body of which he is the head, all statutes that have fuch a tendency are to be confidered as dead letters in the conftitution. This truth being illuftrated with great ingenuity and propriety by this learned chancellor, we fhall here tranflate the paffage. "The law takes its name from ligando, or ligare, to bind; for by this the body politic is knit and preferved together, as the body natural is by the bones, finews, and "members, which retain all of them their proper "functions; and as the head of a body natural cannot change his finews, nor deny or withhold from his inferior members their peculiar ་ powers,

"

"

The affertion, therefore, of the ingenious Mr. Mackintofh, which has been reprefented as fophiftical, is strictly founded on conftitutional, as well as philofophical, propriety. The paffage here alluded to is-" The focial body supposes a "perfect unity; and no man's will can have two difcordant

organs; any abfolute negative to the national will, decifively spoken by its reprefentatives, is radically null, as an ufurpation of popular fovereignty." Mackintosh, p. 263.

" powers, and several nourishments of blood and

fpirits; no more can a king, which is the "head of a body politic, CHANGE THE LAWS OF сс THAT BODY, NOR WITHDRAW FROM HIS PEOPLE THEIR PRODER SUBSTANCE AGAINST THEIR

WILLS AND CONSENTS." This refpectable authority fhews, that English liberty is not a privileged exemption from law, but a right to have every perfon and estate secured from violating oppreffion. This is the law which Sir Edward Coke fo truly fays, bestows on Englishmen a greater inheritance than what can poffibly be derived from our parents.

THE Saxons having conftituted this wife and equally tempered system of government, effectually fecured its principle from violence or corruption. Although the free exercise of our ancient liberties have, been restrained, yet the justice of the right remains unaltered and unalienated. Το prove this, a fhort view is now taken of the principal acts, charters, and ftatutes, by which former liberties have been recognised, or reftrained.

WHEN

Fortescue, chap, 13.