Sunday, July 3, 2011

Were the Founders Right?

If you have ever wondered whether the Founders correctly stated the rights of the English and principles of the English Constitution, which they had been trying to vindicate throughout the conflict leading up to the time of Independence, the answer is, "Yes, absolutely."  Here is a little of the evidence of that, from the Parliamentary Debates of 1627 and 1628, when the English sought to vindicate the same thing for themselves, against King Charles I:


“Resolved upon the Question, Nemine contradicente.

“I. That no Freeman ought to be detained or kept in prison, or otherwise restrained by the command of the King or Privy-Council, or any other, unless some cause of the commitment, detainer or restraint be expressed, for which by Law he ought to be committed, detained, or restrained.

“II. That the Writ of Habeas Corpus may not be denied, but ought to be granted to every man that is committed or detained in prison, or otherwise restrained though it be by the command of the King, the Privy-Council, or any other, he praying the same.

III. That if a Freeman be committed or detained in prison, or otherwise detained in prison, or otherwise restrained, by the command of the King, the Privy-Council, or any other, no cause of such Commitment, Detainer, or Restraint being expressed, for which by Law he ought to be committed, detained, or restrained, and the same be returned upon Habeas Corpus, granted for the said Party, then he ought to be delivered or bailed.”

And then taking into consideration the Property of the Subject in his Goods, they came to this Resolution, to which there was not a Negative; viz. That it is the ancient and indubitable right of every Freeman, that he hath a full and absolute property in his Goods and Estate; that no Tax, Tallage, Loan, Benevolence, or any other like Charge ought to be commanded, or levied by the King, or any of his Ministers, without common consent by act of Parliament.”

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