LAW AND CHAPTER IV. GOVERNMENT OF ENGLAND, FROM THE RESTORATION TO THE EIGHTEENTH CEN TURY. ONE of the earliest statutes passed after the reestablishment of monarchy, was, perhaps, of greater importance to the nation than even the grant of Magna Charta itself; since it abolished the principal remaining feudal customs of military tenures, and wards, and liveries, and rendered void so much of that famous instrument. It also took away Purveyance, and ordered the landed property of the realm to be held in common Socage, or by a certain rent, making up the deficiency in the Crown Revenue, by establishing certain Exciseduties which were of Dutch original, being first introduced into England about 1642, and continued by the Parliament throughout the whole Interregnum. Another great improvement on Magna Charta, was the passing of the Habeas Corpus Act in 1679; for though that ancient grant declared, that no person should be imprisoned contrary to law, the latter statute provided the means of release from committal, even by the King in Council, and of procuring justice against those who had detained them. In this reign, too, and faithful to the Commonwealth II.; but the C passed a laud in 1650 al dered for a ; anu e benefit of... commerce. Notwith the censure which has been in plain cign of Charles II., the nation enlaw-tr t a more complete restitution of its freethan it had done since the Norman invasion had first overthrown it; though all the civil and political rights of England were not completely regained, acknowledged and defined, until after the Revolution. However, a very eminent author on the jurisprudence of this realm supposes, that in 1679, when the army was disbanded, the Habeas Corpus Act had passed, and that for licensing the Press had expired, "the Constitution of England had arrived at its full vigour, and the true balance between liberty and prerogative was happily established by law." The Parliamentary enrolments of this Sovereign, however, were again altered to the Latin tongue, which continued to be used until 1730, when law proceedings were ordered for the future to be recorded in the national language. The years immediately succeeding this time of perfection were marked by great practical oppression, through the artifices of some abandoned politicians; but there was now so much power in ature of and Mary, was ation delivered to them by the mons, February 13th 1688, and afterward enacted by Parliament. It was founded on the general constitution and rights of the subject, as they anciently and uncorruptedly existed. It set forth, that the royal power, of suspending and dispensing with laws and their execution, without consent of Parliament, is illegal; that the commissions for courts for ecclesiastical causes, are illegal; that levying of money for the Crown by prerogative, and without grant of Parliament, is illegal; that subjects have a right to petition the King, and all commitments or prosecutions for doing so, are illegal; that raising or keeping a standing army in time of peace, and without consent of Parliament, is illegal; that Protestant subjects may have arms of defence; that elections of Parliament members should be free; that freedom of speech in Parliament should not be questioned out of Parliament; that excessive bail should not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; that juries ought to be duly impannelled and returned, and jurors who pass upon men in trials for high-treason the writ for the Burning of Heretics was abolished; and the laws farther improved by the statute of Frauds and Perjuries, which protected private property, by requiring leases, agreements, &c., to be in writing; by the statute for distributing the estates of intestate persons to their children and nearest of kin; by that for an election to Parliament every three years; by the Test and Corporation Acts for protecting the Church and kingdom from disaffected persons in offices; and by the numerous statutes passed for the benefit of naviNotwithgation and improvement of commerce. standing therefore, all the censure which has been cast upon the reign of Charles II., the nation enjoyed in it a more complete restitution of its freedom than it had done since the Norman invasion had first overthrown it; though all the civil and political rights of England were not completely regained, acknowledged and defined, until after the Revolution. However, a very eminent author on the jurisprudence of this realm supposes, that in 1679, when the army was disbanded, the Habeas Corpus Act had passed, and that for licensing the Press had expired," the Constitution of England had arrived at its full vigour, and the true balance between liberty and prerogative was happily esta blished by law." The Parliamentary enrolments of this Sovereign, however, were again altered to the Latin tongue, which continued to be used until 1730, when law proceedings were ordered for the future to be recorded in the national language. The years immediately succeeding this time of perfection were marked by great practical oppression, through the artifices of some abandoned politicians; but there was now so much power in the hands of the people, that when King James II. attempted to establish measures contrary to the national character, he was successfully opposed, and ejected from the throne. As there was only one Parliament in his very brief reign, the statutory improvements of the judicature were not numerous, the principal being to enforce and explain the Poor-laws, and some provisions concerning wills. The great feature of the next period, that of William III. and Mary, was the Bill of Rights, or Declaration delivered to them by the Lords and Commons, February 13th 1688, and afterwards enacted by Parliament. It was founded on the general constitution and rights of the subject, aš they anciently and uncorruptedly existed. It set forth, that the royal power, of suspending and dispensing with laws and their execution, without consent of Parliament, is illegal; that the commissions for courts for ecclesiastical causes, are illegal; that levying of money for the Crown by prerogative, and without grant of Parliament, is illegal; that subjects have a right to petition the King, and all commitments or prosecutions for doing so, are illegal; that raising or keeping a standing army in time of peace, and without consent of Parliament, is illegal; that Protestant subjects may have arms of defence; that elections of Parliament members should be free; that freedom of speech in Parliament should not be questioned out of Parliament; that excessive bail should not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; that juries ought to be duly impannelled and returned, and jurors who pass upon men in trials for high-treason |