Sir Henry Spellman was of Opinion that this charter served as the basis of mag na charts ; those are mistaken, therefore, who con sider th e privileges obtained from King John as a set of innovations, as in fact they were mere restitutions of rights and just limitations of usurped power ; Lord Lyttleton even thought this charter more important than that forced from John. Henry 1I. granted a charter of liberties, and confirmed that of his grand father. Through the above causes, the constitution of England became the then best feudal system in the world. The same monarch established itinerant judg es; and, to his everlasting honour, the trial by jury was extended to civil causes, which mode had been rarely used before the conquest. John, having ascended the throne, ruled with the utmost despotism ; in consequence a powerful confederacy extortedfrom him the greatcharter,equal ly favourable to the clergy, the barons, and the people. This was confirmed by Henry III., who added certain articles to prevent injustice by sheriffs, and granted charter of forests. These still remain, with little alteration, and are universally considered the safeguards of British lib erty, and the basis of the constitution, justly defining the limits of power and of subjection. Edward I. declared void, by his statute called coVirmatio charta rum, all decisions contrary to the tenor of the great charter, which was to be con sidered as the common law, read twice annually to the people in every cathedral, and those were to be excommunicated who infringed it ; and in the statute de tallatio non cOncedentio he decreed, that no tax or impost should be levied without the joint consent of Lords and Commons. In the reign of Edward 11. the Commons ventured to annex petitions to their bills granting subsidies : and in that of Ed ward III. they declared, they would ac knowledge no law to which they refused their assent : soon after they impeached and punished certain ministers of state, and refused the granting of subsidies, till their petitions to Henry IV. had been an swered. In the interval from Edward 1. to Henry IV. the fundamental princi ples of the constitution were confirmed by thirty-two statutes ; those were fol lowed by the petition of right agreed to by Charles I., the habeas corpus act, and other useful laws, in the reign of Charles II. and the bill of rights, confirmed 1 William and Mary. The revolution of that period was the third grand xra in the history of the constitution, f'rom which auspicious time the nature and use of government has been justly ap preciated, and the false doctrine of the divine right of Kings entirely exploded: four years afterward, the liberty of the press was established, and in the 12th and 13th of William and Mary, the act of settlement, limiting the crown to the present royal family, took place, which also confirms our present im aluable birth rights in the law, religion, and liberty.
By the combination of three species of government, monarchy, aristocracy, and democracy, in King, Lords, and Commons, the best properties of each are brought into effect, at the same time each branch operates as a check upon the encroachments of either. The prin cipal excellence of this venerable fabric is, that every citizen may become a se nator, and when such, he possesses the 'right of proposing what laws he pleases to the legislature ; and the- right of taxa tion. belonging to the Commons, affords every reason tor patiently acquiescing in their enactments, particularly as the na tional disbursements are annually laid be fore the public. The nature and de grees of punishment being fixed by laws, neither the monarch nor the magistrate can vary them, nor can a. man be impri soned falsely with impunity, through the operation of the habeas corpus act, or un justly condemned, whentwelve impartial men of his own class decide upon his guilt or innocence. The power of fram ing laws vested in the two Houses of Par liament is restrained by the King's nega tive, and the abuse of that is prevented by their ability to refuse him supplies. In addition, all acts of the Crown are illegal without the subscription of its great cers ; besides which, Parliament has the right of addressing the King, and pun ishing evil advisers. The appointment of obnoxious ministers may be resisted by the opposition of Parliament to their measures, and the prerogative of declar ing war may he checked by the refusal of money to carry it on, and by the same means no improper use can be made of the regular army.
From this sketch of the free and en viable constitution of Great Britain we may justly infer, that no form of govern ment ever did or can possess more inhe rent excellencies, and that it bears in its very nature ample means to alter and amend its few inperfections.
CoxterrrwrioN also denotes an ordi nance, decision, regulation, or law, made by authority of any superior, ecclesiasti oel or civil. The constitutions of tle Ro man emperors make a part of the civil law, and the constitutions of the church make a part of the canon law.