Sir Edward Coke defends British Liberties and the Idea of Habeas Corpus in the Petition of Right before Parliament (1628)
About this Quotation:
Liberty Fund has published in 2003 a massive 3 volume collection of Coke’s writings including many of his lesser known works. In the contemporary debates about the principle of habeas corpus it is informative to go back to the England of the 1620s to see how lawyers like Coke fought for English liberties against the Stuart monarchy and their claims to absolutist rule.
Other quotes from this week:
- 2009: Lysander Spooner argues that according to the traditional English common law, taxation would not be upheld because no explicit consent was given by individuals to be taxed (1852)
- 2009: Captain John Clarke asserts the right of all men to vote in the formation of a new constitution by right of the property they have in themselves (1647)
- 2008: Alexis de Tocqueville stood up in the Constituent Assembly to criticize socialism as a violation of human nature, property rights, and individual liberty (1848)
- 2008: Edward Gibbon gloomily observed that in a unified empire like the Roman there was nowhere to escape, whereas with a multiplicity of states there were always gaps and interstices to hide in (1776)
- 2007: Viscount Bryce reflects on how modern nation states which achieved their own freedom through struggle are not sympathetic to the similar struggles of other repressed peoples (1901)
- 2006: Adam Ferguson observed that social structures of all kinds were not “the result of human action, but not the execution of any human design” (1782)
- 2005: The Australian radical liberal Bruce Smith lays down some very strict rules which should govern the actions of any legislator (1887)
Other quotes about Law:
- 2009: Lysander Spooner on Jury Nullification as the "palladium of liberty" against the tyranny of government (1852)
- 2009: Cesare Beccaria says that torture is cruel and barbaric and a violation of the principle that no one should be punished until proven guilty in a court of law; in other words it is the “right of power” (1764)
- 2009: Sir William Blackstone provides a strong defence of personal liberty and concludes that to “secretly hurry” a man to prison is a “dangerous engine of arbitrary government” (1753)
- 2008: John Adams predicts a glorious future for America under the new constitution and is in “reverence and awe” at its future prospects (1787)
- 2007: The IVth Amendment to the American Constitution states that the people shall be secure in their persons against unreasonable searches and seizures and that no warrants shall issue, but upon probable cause (1788)
- 2007: John Adams argues that the British Empire is not a “true” empire but a form of a “republic” where the rule of law operates (1763)
- 2006: Bruno Leoni notes the strong connection between economic freedom and decentralized legal decision-making (1961)
- 2006: The legal historian Hazeltine wrote in an essay commemorating the 700th anniversary of Magna Carta that the American colonists regarded Magna Carta as the “bulwark of their rights as Englishmen” (1917)
- 2006: John Locke on the idea that “wherever law ends, tyranny begins” (1689)
- 2006: J.S. Mill in a speech before parliament denounced the suspension of Habeas Corpus and the use of flogging in Ireland, saying that those who ordered this “deserved flogging as much as any of those who were flogged by his orders” (1866)
- 2005: Adam Smith argues that the Habeas Corpus Act is a great security against the tyranny of the king (1763)
- 2005: Cicero urges the Senate to apply the laws equally in order to protect the reputation of Rome and to provide justice for the victims of a corrupt magistrate (1stC BC)
- 2004: Bruno Leoni on the different Ways in which Needs can be satisfied, either voluntarily through the Market or coercively through the State (1963)
16 August, 2004
 | Sir Edward Coke defends British Liberties and the Idea of Habeas Corpus in the Petition of Right before Parliament (1628) |
After a series of debates in parliament in early 1628, Sir Edward Coke wrote and got adopted one of the founding documents securing the liberties of Englishmen:
And where also by the statute called the Great Charter of the Liberties of England, it is declared and enacted that no free man may be taken or imprisoned, or be disseized of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land…
The full passage from which this quotation was taken can be be viewed below (front page quote in bold):
And where also by the statute called the Great Charter of the Liberties of England, it is declared and enacted that no free man may be taken or imprisoned, or be disseized of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land; and in the 28th year of the reign of King Edward the Third it was declared and enacted by authority of parliament that no man, of what state or condition that he be, shall be put out of his lands or tenements, nor taken, nor imprisoned, nor disinherited, nor put to death without being brought to answer by due process of law. Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of the realm to that end provided, divers of your subjects have been of late imprisoned without any cause shown, and when for their deliverance they were brought before your justices by your Majesty’s writs of habeas corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty’s special command, signified by the lords of your Privy Council, and yet were returned back to several prisons without being charged with anything to which they might make answer according to the law….
They do therefore most humbly pray your most excellent Majesty that none hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament. And that none be called to make answer, or to take such oath, or to give attendance, or to be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof. And that no free man, in any such manner as is before mentioned, be imprisoned or detained. And that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come. And that the aforesaid commissions for proceeding by martial law may be revoked and annulled. And that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed, as aforesaid, lest by color of them any of your Majesty’s subjects be destroyed or put to death contrary to the laws and franchises of the land.