CONSTITUTION. 



Sir Henry Spellman was of bpinion that 

 this charter served as the basis of mag- 

 nacharta ; those are mistaken, therefore, 

 who considerthe privileges obtainedfrom 

 King John as a set of innovations, as in 

 fact they were mere restitutions of rights 

 and just limitations of usurped power ; 

 Lord Lyttleton even thought this charter 

 more important than that forced from 

 John. Henry II. granted a charter of 

 liberties, and confirmed that of his grand- 

 father. Through the above causes, the 

 constitution of England became the then 

 best feudal system in the world. The 

 same monarch established itinerant judg- 

 es; and, to his everlasting honour, the trial 

 by jury was extended to civil causes, 

 which mode had been rarely used before 

 the conquest. John, having ascended the 

 throne, ruled with the utmost despotism ; 

 in consequence a powerful confederacy 

 extortedfrom him the greatcharter,equal- 

 }y favourable to the clergy, the barons, 

 and the people. This was confirmed by 

 Henry III., who added certain articles to 

 prevent injustice by sheriffs, and granted 

 charter of forests. These still remain, 

 with little alteration, and are universally 

 considered the safeguards of British lib- 

 erty, and the basis of the constitution, 

 justly defining the limits of power and 

 of subjection. Edward I. declared void, 

 by his statute called confirmatio charta- 

 rum, all decisions contrary to the tenor 

 of the great charter, which was to be con- 

 sidered as the common law, read twice 

 annually to the people in every cathedral, 

 and those were to be excommunicated 

 who infringed it ; and in the statute de 

 tallagio non concedendo he decreed, that 

 no tax or impost should be levied without 

 the joint consent of Lords and Commons. 

 In the reign of Edward II. the Commons 

 ventured to annex petitions to their bills 

 granting subsidies : and in that of Ed- 

 ward III. they declared, they would ac- 

 knowledge no law to which they refused 

 their assent : soon after they impeached 

 and punished certain ministers of state, 

 and refused the granting of subsidies, till 

 their petitions to Henry IV. had been an- 

 swered. In the interval from Edward 

 I. to Henry IV. the fundamental princi- 

 ples of the constitution were confirmed 

 by thirty-two statutes ; those were fol- 

 lowed by the petition of right agreed to 

 by Charles I., the habeas corpus act, and 

 other useful laws, in the reign of Charles 

 .II. and the bill of rights, confirmed 1 

 William and Mary. The revolution of 

 that period was the third grand sera in 

 the history of the constitution, from 



which auspicious time the nature and 

 use of government has been justly ap- 

 preciated, and the false doctrine of the 

 divine right of Kings entirely exploded : 

 four years afterward, the liberty of the 

 press was established, and in the 12th 

 and 13th of William aud Mary, the act 

 of settlement, limiting the crown to the 

 present royal family, took place, which 

 also confirms our present in\ uluable birth- 

 rights in the law, religion, and liberty. 



By the combination of three species 

 of government, monarchy, aristocracy, 

 and democracy, in King, Lords, and 

 Commons, the best properties of each 

 are brought into effect, at the same time 

 each branch operates as a check upon 

 the encroachments of either. The prin- 

 cipal excellence of this venerable fabric 

 is, that every citizen may become a se- 

 nator, and when such, he possesses the 

 Tight of proposing what laws he pleases 

 to the legislature; and the right of taxa- 

 tion belonging to the Commons, affords 

 every reason for patiently acquiescing in 

 their enactments, particularly as the na- 

 tional disbursements are annually laid be- 

 fore the public. The nature and de- 

 grees of punishment being fixed by laws, 

 neither the monarch nor the magistrate 

 can vary them, nor can a, man be impri- 

 soned falsely with impunity, through the 

 operation of the habeas corpus act, or un- 

 justly condemned, whentwelve impartial 

 men of his own class decide upon his 

 guilt or innocence. The power of fram- 

 ing laws vested in the two Houses of Par- 

 liament is restrained by the King's nega- 

 tive, and the abuse of that is prevented 

 by their ability to refuse him supplies. In 

 addition, ail acts of the Crown are illegal 

 without the subscription of its great offi- 

 cers ; besides which, Parliament has the 

 right of addressing the King, and pun- 

 ishing evil advisers. The appointment of 

 obnoxious ministers raay be resisted by 

 the opposition of Parliament to their 

 measures, and the prerogative of declar- 

 ing war may he checked by the refusal 

 of money to carry it on, and by the same 

 means no improper use can be made of 

 the regular army. 



From this sketch of the free and en- 

 viable constitution of Great Britain we 

 may justly infer, that no form of govern- 

 ment ever did or can possess more inhe- 

 rent excellencies, and that it bears in its 

 very nature ample means to a ! ter and 

 amend its few inperfections. 



CONSTITUTION also denotes an ordi- 

 nance, decision, regulation, or law, made 

 by authority of any superior, ecclesiasti- 



