in our very soil, that a slave or a negro, the moment he
lands in England, falls under the protection of the laws, and with
regard to all natural rights becomes _eo instanti_ a freeman[g].
[Footnote g: Salk. 666.]
THE absolute rights of every Englishman (which, taken in a political
and extensive sense, are usually called their liberties) as they are
founded on nature and reason, so they are coeval with our form of
government; though subject at times to fluctuate and change: their
establishment (excellent as it is) being still human. At some times we
have seen them depressed by overbearing and tyrannical princes; at
others so luxuriant as even to tend to anarchy, a worse state than
tyranny itself, as any government is better than none at all. But the
vigour of our free constitution has always delivered the nation from
these embarrassments, and, as soon as the convulsions consequent on
the struggle have been over, the ballance of our rights and liberties
has settled to it's proper level; and their fundamental articles have
been from time to time asserted in parliament, as often as they were
thought to be in danger.
FIRST, by the great charter of liberties, which was obtained, sword in
hand, from king John; and afterwards, with some alterations, confirmed
in parliament by king Henry the third, his son. Which charter
contained very few new grants; but, as sir Edward Coke[h] observes,
was for the most part declaratory of the principal grounds of the
fundamental laws of England. Afterwards by the statute called
_confirmatio cartarum_[i], whereby the great charter is directed to be
allowed as the common law; all judgments contrary to it are declared
void; copies of it are ordered to be sent to all cathedral churches,
and read twice a year to the people; and sentence of excommunication
is directed to be as constantly denounced against all those that by
word, deed, or counsel act contrary thereto, or in any degree infringe
it. Next by a multitude of subsequent corroborating statutes, (sir
Edward Coke, I think, reckons thirty two[k],) from the first Edward to
Henry the fourth. Then, after a long interval, by _the petition of
right_; which was a parliamentary declaration of the liberties of the
people, assented to by king Charles the first in the beginning of his
reign. Which was closely followed by the still more ample concessions
made by that unhappy prince to his parliament, before the fatal
rupture between them; and by t
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