Proceedings in the House of Commons, and in the Court of King's-Bench, Relative to the Author of the "Trifling Mistake,": Together with the Argument Against Parliamentary Commitment, and the Decision which the Judges Gave Without Hearing the Case

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Stodart and Steuart, 1820 - 132 Seiten
 

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Seite 57 - Ye cannot make us now less capable, less knowing, less eagerly pursuing of the truth, unless ye first make yourselves, that made us so, less the lovers, less the founders of our true liberty.
Seite 8 - And therefore, whatever form the commonwealth is under, the ruling power ought to govern by declared and received laws, and not by extemporary dictates and undetermined resolutions...
Seite 57 - If it be desired to know the immediate cause of all this free writing and free speaking, there cannot be assigned a truer than your own mild and free and humane government. It is the liberty, Lords and Commons, which your...
Seite 8 - Secondly, the legislative or supreme authority cannot assume to itself a power to rule by extemporary, arbitrary decrees, but is bound to dispense justice and decide the rights of the subject by promulgated standing laws, and known authorized judges.
Seite 8 - Though the legislative, whether placed in one or more, whether it be always in being or only by intervals, though it be the supreme power in every commonwealth; yet, first, it is not, nor can possibly be, absolutely arbitrary over the lives and fortunes of the people.
Seite 68 - Parliament, that no man, of what estate or condition that he be, should be put out of his land or tenement, nor taken nor imprisoned nor disinherited, nor put to death, without being brought to answer by due process of law...
Seite 57 - We can grow ignorant again, brutish, formal, and slavish, as ye found us; but you then must first become that which ye cannot be, oppressive, arbitrary and tyrannous, as they were from whom ye have freed us. That our hearts are now more capacious, our thoughts more erected to the search and expectation of greatest and exactest things...
Seite xvi - ... whenever the legislators endeavour to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power...
Seite 102 - If a commitment appeared to be for a contempt of the House of Commons generally, I would neither in the case of that Court, or of any other of the Superior Courts, inquire further: but if it did not profess to commit for a contempt, but for some matter appearing on the return, which could by no reasonable intendment be considered as a contempt of the Court committing, but a ground of commitment palpably...
Seite 51 - I would look for a direction to my judgment, not in the commentaries of modern professors. The noble lord assures us, that he knows not in what code the law of parliament is to be found ; that the house of commons, when they act as judges, have no law to direct them but their own wisdom ; that their decision is law ; and if they determine wrong, the subject has no appeal but to Heaven. What then, my lords, are all the generous efforts of our ancestors, are all those glorious contentions, by which...

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