s. 13. Proviso. s. 14. Proviso. s. 16. Offenders where tried. c. 2. Eng. office of trust or profit within England, Wales, or Berwick, or any of the dominions thereunto belonging, and shall incur the penalties of the statute of provision and præmunire, 16 Ric. 2. c. 5. and be incapable of the king's pardon. But by by s. 13. nothing in this act shall extend to give benefit to any person who shall, by contract in writing, agree with any merchant or owner of any plantation, or other person, to be transported to any parts. beyond the seas, and receive earnest upon such agreement, although that afterwards such person shall renounce such contract. And by s. 14. if any person convicted of felony, shall in open court pray to be transported beyond the seas, and the court shall think fit to leave him in prison for that purpose, such person may, notwithstanding this act, be transported into any parts beyond the seas. And by s. 16. if any person resiant in this realm, shall have committed any offence in Scotland or Ireland, or any of the islands or foreign plantations of the king, where he ought to be tried for such offence, such person may be sent to such place, there to receive such trial, in such manner as the same might have been used before the making of this act. And in further 1 W.&M. st. 2. vindication of the right of personal liberty, it is declared by the 10th article of the Bill of Rights, 1 W. & M. st. 2. c. 2. Eng. that excessive bail ought not to be required. Excessive bait prohibited. What constitutional barriers erected in Ireland. Such of the statutes above inentioned, as were prior to the reign of Henry VII. were adopted in Ireland by the 10 Hen. 7. c. 22. Ir. But no parliamentary declarations of the liberties of the people have been made in Ireland, similar to the Petition of Right, and Bill of Rights. With respect to the 16 Car. 1. c. 10. Eng. it is to be observed that the court of Castle Chamber in Ireland exercised a jurisdiction similar to that of the Star Chamber in England, (its authority being derived from the 3 Hen. 7. c. 1. E. & I. ante p. 4. and recognized by several Irish statutes,) but no act similar to the 16 Car. 1, c. 10. Eng. has been ever passed in Ireland, though a bill appears to have been brought into parliament,* 27 Sept. 1695, for the abolition of this court as a new Vide 2 Com. Journ. 691. new and oppressive jurisdiction. And with respect to the 31 Car. 2. c. 2. Eng. supra, it is observable, that though the several provisions of this English statute (which will be stated in another place) were adopted by c. 11. Ir. Act of Ireland. s. 16. the 21 & 22 Geo. 3. c. 11. Ir. yet this latter act does not 21 & 22 Geo.3. extend to the prevention of imprisonments beyond the seas, and its title is accordingly varied from the English act in this respect. And this Habeas Corpus Act of Ire- Habeas Corpus land contains this peculiar provision (s. 16.) that it shall be lawful for the chief governor and privy council of this kingdom, to suspend this act, by a proclamation under Proviso as to its suspension. the great seal of this kingdom, during such time only as there shall be an actual invasion or rebellion in this kingdom, or Great Britain, and that no judge, or justice of peace, shall bail or try any person charged with being concerned in such invasion or rebellion, without an order from the lord lieutenant and privy council, signed by six of the privy council. cated. 25 Edw. 1. st.1. No aids, &c. to In addition to the provisions contained in Magna Right of private Charta, and the other statutes above mentioned, in main- property vinditenance of the right of private property, the 25 Edw. 1. st. 1. c. 5. E. & I. provides, that the aids, tasks, and c. 5. E.& I. prises, granted to the king for his wars and other occa- be taken but by sions, shall not be taken for a customary charge. And assent of parlia by c. 6. no manner of aids, tasks, or prises, shall be taken but by common assent of all the realm, and for the common profit thereof, saving the ancient aids and prises accustomed. And by the 34 Edw. 1. st. 4. c. 1. E. & I. no 34 Edw.1. st.4. tallage or aid shall be taken without the assent of the c, 1. E. & I. archbishops, bishops, earls, barons, knights, burgesses, ment. c. 6. and other freemen of the land. The 14 Edw. 3. st. 2. 14 Edw.3. st.2. c. 1. E. & I. contains also an undertaking on the part of c. 1. E. & I. the king, and his heirs, that the prelates, earls, barons, and others of the commonalty, citizens, burgesses, and merchants, shall not be charged to make any aid, but by the common assent of the prelates, earls, barons, and other great men and commons in parliament. And the Petition of Right 3 Car. I. recites, that by the 34 Edw. 1. st. 4. c. 1. and 25 Edw. 1. st. 1. c. 6. supra, and other the good laws and statutes of the realm, the king's sub * jects 3 Car. 1. Eng. ezuctions ie strained. Divers arbitrary jects had inherited this freedom, that they should not be compelled to contribute to any tax, tallage, or aid, or other like charge, not set by common consent in parliament; yet divers commissions directed to sundry commissioners in several counties had issued, by means whereof the people were assembled, and required to lend divers sums of money to his majesty; and many of them, upon their refusal, have had an oath administered to them, not warranted by law, and have been constrained to become bound to give attendance before the privy council, and in other places, and others of them have been imprisoned, &c.; and divers other charges had been laid and levied upon the people by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace, and others, by command or directions from the king, or his privy council, against the laws and free customs of the realm; and great companies of soldiers and mariners had been dispersed into divers counties, and the inhabitants compelled to receive them; and therefore prays and enacts, that no man shall be compelled to 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 take such oatli, or to give attendance, or be confined, or otherwise molested concerning the same, and that the people shall not be so burthened with soldiers and mariners. And this statute was confirmed by the 16 Car. 1. c. 14. Eng. which declared that the charge imposed upon the subject in this reign, commonly called ship-money, and the late proceedings in respect thereto, were against the laws and statutes of the realm, the right of property, the liherty of the subject, former resolutions in parliament, and the Petition of Right. And the 4th article of the W.& M.st.2. Bill of Rights also declares, that levying money for or c. 2. Eng. to the use of the crown, by pretence of prerogative, without grant of parliament, for longer time, or in other strained. manner, than the same is or shall be granted, is illegal. §. 2. II. The chapter of Magna Charta above mentioned not Right of apply only asserts the primary rights of personal security, perof justice for re-sonal liberty, and private property, but also vindicates 16 Car.1. c. 14. Eng. Ship-money abolished. Levying money by pretence of prerogative, re ing to the courts dress of injuries the asserted the auxiliary or subordinate right of the subject of apply- 9 Hen.3. c. 29. ing to the courts of justice for redress of injuries, which, as E. & I. thereby declared, he is to obtain without sale, denial, or delay. And the 2 Hen. 4. c. 1. E. & I. also declares, 2 Hen.4 c. 1. that the king's liege people may freely and peaceably, E. & I. under his sure and safe protection, go and come to his courts to pursue the law, or defend the same, without disturbance or impediment; and that full justice and right shall be done in his said courts, as well to the poor, I. prerogative of E. & I. as to the rich. The 2 Edw. 3. c. 8. E. & I. enacts, that 2 Edw. 3. c. s. no commandment by the great or little seal shall disturb E. & 1. Ordinary course or delay common right, and though such shall come, the of justice not to justices shall not fail to do right. And the 11 Ric. 2. be obstructed by c. 10. E. & I. also provides, that neither letters of the king." signet, nor of the king's privy seal, shall be sent to the 11 Ric. 2. c.10. prejudice of the realm, nor in disturbance of the law. To this head also are to be referred the two first articles 1W. & M.st.2. of the Bill of Rights, which declare, that the pretended c. 2. Eng. power of suspending of laws, or the execution of laws, The king sannot by regal authority, without consent of parliament, is il- spend or dislegal; and, secondly, that the pretended power of dispensing with laws, or the execution of laws, by regal authority, as then of late assumed and exercised, is also illegal. And this act (s. 12.) declares and enacts, that no dispensation by non obstante, of or to any statute, or No dispensation any part thereof, shall be of any effect, except a dispen- by non obstante sation shall be allowed of in such statute, or specially provided for. III. The right of petitioning for redress of grievances pense with laws. s. 12. §. 3. 1W. & M.st.2. is also asserted by the Bill of Rights, the 5th article Right of peti-of which declares, that it is the right of the subjects to tioning asserted. petition the king, and that all commitments and prosecu- c. 2. Eng. tions for such petitioning are illegal. The statutes which qualify this right, or restrain the abuse of this privilege, will be found in another part of this work. IV. Another auxiliary right, is that of carrying arms, §. 4. ing arms as in respect to which the 7th article of the Bill of Rights Right of carrydeclares, that the subjects, which are protestants, may serted. have arms for their defence, suitable to their condition, 1 W. & M. st.2 and as allowed by law. The statutes by which papists are c. 2. Eng. disabled * Laws of Eng land the birthsight of the people. 12 & 13 W. 3. c. 2. Eng. disabled from carrying arms, as a punishment for actual or constructive recusancy, are reserved for another place. Lastly, it is declared by the Act of Settlement, 12 & 13 W. 3. c. 2. Eng. that the laws of England are the birthright of the people, and that all the kings and queens who shall ascend the throne of the realm, ought to administer the government thereof according to the said laws, and their officers and ministers to serve them respectively according to the same. This clause of this statute, as also those of the Bill of Rights, which have. been stated in this chapter, may be considered as declaratory of the constitutional law of the empire, and extending therefore to Ireland. And it is to be observed, that these acts, so far as they respect the settlement of the crown, are recited and adopted by the 2 Ann. c. 5. Ir. CHAP. II. §. 1. Parliament to be held fre quently. E. & I. 36 Edw.3. st.1. c. 10. h. & I. Eng. THE Of the Parliament. HE frequent meeting of parliament is provided for by the 16 Car. 2. c. 1. Eng. which recites or refers to the 4 Edw. 3. c. 14. and 36 Edw. 3. st. 1.c. 10. E. & I. 4 Edw 3. c. 14. which required that a parliament should be holden once a year, or oftener if need be, and enacts, that the sitting and holding of parliaments, shall not be intermitted or 16 Car. 2. c. 1, discontinued above three years at the most. The 13th article of the Bill of Rights, (1 W. & M. st. 2. c. 2. Eng.) insists upon it as one of the undoubted rights of the people, that for redress of all grievances, and for the amending, strengthening, and preserving of the laws, parliaments ought to be held frequently. And the 6 W. & M. c. 2. s. 1. Eng. c. 2. Eng. recites, that frequent new parliaments tend very much to the happy union and good agreement of the king and people, and therefore provides (s. 1.) that a parliament shall be holden once in three years at the least: IW. & M.st. 2. c. 2. Eng. 6 W. & M. and |