“The Commons of England for Hereditary Fundamental Liberties and Propertiesy are blest above and beyond the Subjects of any Monarch or State in the World.
First, No Freeman of England ought to be imprisoned, or otherwise restrains, without Cause shewn, for which by Law, he ought to be so imprisoned.”

— Edward Chamberlayne

Source: Angliæ Notitia, 1676, 1704, p. 302: Cited in: Gerald Stourzh. "Liberal Democracy as a Culture of Rights: England, the United States, and Continental Europe." Bridging the Atlantic. (2002) p. 11

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Edward Chamberlayne4

English writer 1616–1703

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“It has long been a fashion amongst you, which you have had the complaisance to adopt at the instigation of a corrupt press, to call every friend of reform, every friend of freedom, a Jacobin, and to accuse him of French principles. ... What are these principles?—That governments were made for the people, and not the people for governments.—That sovereigns reign legally only by virtue of the people's choice.—That birth without merit ought not to command merit without birth.--That all men ought to be equal in the eye of the law.—That no man ought to be taxed or punished by any law to which he has not given his assent by himself or by his representative.—That taxation and representation ought to go hand in hand.—That every man ought to be judged by his peers, or equals.—That the press ought to be free. ... Ten thousand times as much has been written on the subject in England as in all the rest of the world put together. Our books are full of these principles. ... There is not a single political principle which you denominate French, which has not been sanctioned by the struggles of ten generations of Englishmen, the names of many of whom you repeat with veneration, because, apparently, you forget the grounds of their fame. To Tooke, Burdett, Cartwright, and a whole host of patriots of England, Scotland and Ireland, imprisoned or banished, during the administration of Pitt, you can give the name of Jacobins, and accuse them of French principles. Yet, not one principle have they ever attempted to maintain that Hampden and Sydney did not seal with their blood.”

William Cobbett (1763–1835) English pamphleteer, farmer and journalist

‘To the Merchants of England’, Political Register (29 April 1815), pp. 518–19
1810s

“England is the natural home of liberty and free institutions, and in her endeavour to secure these blessings for the world no country ought to be quicker than she in acknowledging her debt to Hellas.”

Stanley Baldwin (1867–1947) Former Prime Minister of the United Kingdom

Speech to the annual meeting of the British School at Athens in London (2 November 1926), quoted in Our Inheritance (London: Hodder and Stoughton, 1938), p. 205.
1926
Context: September of the year 490 B. C. was to my mind a more cardinal moment of fate for Europe than August 1914. Western civilization... was saved in its infancy at Marathon, and ten years later by Leonidas and by the men of Salamis... had it not been for that decade there would have been nothing to prevent Eastern Europe being orientalized and the ultimate fight for the hegemony of Europe would have been left to the Persians and the Carthaginians. But for the Greeks there would have been no civilization as we know it, and we should all have been dark-skinned people with long noses... England is the natural home of liberty and free institutions, and in her endeavour to secure these blessings for the world no country ought to be quicker than she in acknowledging her debt to Hellas.

“The law of England is a law of liberty”

Edward Law, 1st Baron Ellenborough (1750–1818) Lord Chief Justice of England

R. v. Cobbett (1804), 29 How. St. Tr. 49.
Context: The law of England is a law of liberty, and, consistently with this liberty, we have not what is called an imprimatur (let it be printed); there is no such preliminary licence necessary. But if a man publish a paper, he is exposed to the penal consequences, as he is in every other act, if it be illegal.

“To the ignorant and bawling fanatics who stun you with their pother about liberty, political or civil liberty seems to be the principal end for which government ought to exist. But the final cause or purpose for which government ought to exist, is the furtherance of the common weal to the greatest possible extent.”

John Austin (legal philosopher) (1790–1859) legal philosopher

Source: The Province of Jurisprudence Determined (1832), p. 224

“In a State or Assemblage of People that live together in a Community, where there are Laws, Liberty can only consist in doing that which every One ought to do, and not to be constrained to do that which One ought not to do.”

Catherine the Great (1729–1796) Empress of Russia

Item 37
Proposals for a New Law Code (1768)

“The common law of England must direct the determination of a common law question. By common-law determinations we are bound; and to them we must always adhere: for, these are the proper constitutional declarations of the law of the land. They are so considered, even by the Court of Chancery itself. When any doubt arises in a cause of equity concerning a point of common law, it is usually referred to the determination of a Court of Common Law.”

Joseph Yates (judge) (1722–1770) English barrister and judge

4 Burr. Part IV., 2377.
Dissenting in Millar v Taylor (1769)

“As used in the Due Process Clauses, 'liberty' most likely refers to 'the power of loco-motion, of changing situation, or removing one's person to whatsoever place one's own inclination may direct; without imprisonment or restraint, unless by due course of law'. That definition is drawn from the historical roots of the Clauses and is consistent with our Constitution’s text and structure. Both of the Constitution’s Due Process Clauses reach back to Magna Carta. Chapter 39 of the original Magna Carta provided ', No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land'. Although the 1215 version of Magna Carta was in effect for only a few weeks, this provision was later reissued in 1225 with modest changes to its wording as follows: 'No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we not pass upon him, nor condemn him, but by lawful judgment of his peers or by the law of the land.”

Clarence Thomas (1948) Associate Justice of the Supreme Court of the United States

In his influential commentary on the provision many years later, Sir Edward Coke interpreted the words 'by the law of the land' to mean the same thing as 'by due proces of the common law'. <br class="br"> Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (26 June 2015). <br class="br">2010s

“An enactment for the favour and liberty of the subject ought to have a liberal construction.”

William Henry Maule (1788–1858) British politician

Johnson v. Harris (1854), 3 W.R. 104.

“I cannot help thinking that where a person appeals to the Law of England, he must take his remedy according to the Law of England to which he has appealed.”

John Eardley Wilmot (1709–1792) English judge

Robinson v. Bland (1760), 2 Burr. Part IV. 1084.

“We cannot explore any mode of sentencing a man to imprisonment, who is imprisoned already, but by tacking one imprisonment to the other.”

John Eardley Wilmot (1709–1792) English judge

Case of John Wilkes (1763), 19 How. St. Tr. 1134.

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Edward Chamberlayne4

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