Recorded Usage
The phrase Fundamental Laws of England has often been used by those opposing particular legislative, royal or religious initiatives.
For example, in 1641 the House of Commons protested that the Roman Catholic Church was "... subverting the fundamental laws of England and Ireland....", part of a campaign ending in 1649 with the beheading of King Charles I.
Subsequently, the phrase was used by the Leveller Lieut. Col. John Lilburne (later to become a Quaker) accusing the House of Lords and House of Commons of tyranny in The Just Defence of John Lilburne, Against Such as charge him with Turbulency of Spirit. Lilburne also wrote a 1646 book called The Legal Fundamental Liberties of the People of England, asserted, revived and vindicated.
Also in 1646, the General Court of Massachusetts referred to the Fundamental Laws of England in regard to the Magna Carta, while defending their representative and legislative autonomy in their address to the Long Parliament.
In his 1670 trial, William Penn called upon the phrase many times, including "... However, this I leave upon your Consciences, who are of the Jury (and my sole Judges) that if these Ancient Fundamental Laws, which relate to Liberty and Property, and (are not limited to particular Persuasions in Matters of Religion) must not be indispensably maintained and observed, Who can say he hath Right to the Coat upon his Back? ...". The aftermath of the trial established Bushell's Case, preventing a jury from being fined for its verdict.
In the 1774 pamphlet American Claim of Rights, South Carolina's Chief Justice William Drayton wrote
That the Americans being descended from the same ancestors with the people of England, and owing fealty to the same Crown, are therefore equally with them, entitled to the common law of England formed by their common ancestors; and to all and singular the benefits, rights, liberties and claims specified in Magna Charta, in the petition of Rights, in the Bill of Rights, and in the Act of Settlement. They being no more than principally declaratory of the grounds of the fundamental laws of England.
Other famous subscribers to the phrase include Lord Coke (1522–1634), Emerich de Vattel (1714–1767), and Samuel Adams (1722–1803).
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Famous quotes containing the words recorded and/or usage:
“The force of truth that a statement imparts, then, its prominence among the hordes of recorded observations that I may optionally apply to my own life, depends, in addition to the sense that it is argumentatively defensible, on the sense that someone like me, and someone I like, whose voice is audible and who is at least notionally in the same room with me, does or can possibly hold it to be compellingly true.”
—Nicholson Baker (b. 1957)
“...Often the accurate answer to a usage question begins, “It depends.” And what it depends on most often is where you are, who you are, who your listeners or readers are, and what your purpose in speaking or writing is.”
—Kenneth G. Wilson (b. 1923)