Political Disquisitions, Or, an Inquiry Into Public Errors, Defects, and Abuses Volume 3 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1775 Excerpt: ... not worth while on that account to issue art illegal, unconstitutional general warrant, to the violation of the subject's liberty, as often as a capricious secretary of state shall think proper. In the arguments against the privy-council's arbitrary power of committing to prison by an anonymous member, A. D. i68i, he quotes laws sot restraining sfeis power as old as 9 Henry Its. 5 Edw. III. c. 9. 25 kaw. III. c. 4. 28 Aft.'III. c. 3. 37 Edw. Us, . i8. 38 Edw. III. c. 9. and 42 Edw. III. c. 3. Besides Magna Cbarta, Habeas Corpus, bill df right, petition of right, &c. which ordain, that ho man thall be imprisoned, or stripped, or distrained, or outlawed, or condemned, or corporally punished, but by present-rrien't and trial by his peers, sV. That informers, who deceive the king into unjust commitments, shall be bound over to prosecute, arid be answerable for damages by suffering the punishment they designed to bring on the fhhoeeht, or be obliged to fatisfy the Injured, feut all these have been violated by the privy-council sending for gentlerheri from vefy distant parts, to their reat vexation, and imprisoning arbitrarily, without other authority 6f proceeding than order of privy-council, and no redress or punishment inflicted on the false informer, according TO 37 Edw. III. c. it. '-Ships m Deb. Com. U. i40. Shippen makes a speech against the suspension of the Habeas Corpus act. Over-ruled a. The king did certainly make no bad use of his power. And in a time Of open rebellion, it seems necessary that there be such a power somewhere. But I think it would be better in the hands of a committee of the house of commons, who should always sit; but this supposes an independent house of commons. A. D. i766, Sir W. Meredith moved the' house of commo...