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In the 1760s William Blackstone described the Fundamental Laws of England in ''Commentaries on the Laws of England, Book the First – Chapter the First : Of the Absolute Rights of Individuals''〔(The Avalon Project : Documents in Law, History and Diplomacy )〕 as "the absolute rights of every Englishman" and traced their basis and evolution as follows: *Magna Carta between King John and his barons in 1215 *confirmation of Magna Carta by King Henry III to Parliament in 1216, 1217, and 1225 *''Confirmatio Cartarum'' (Confirmation of Charters) 1253 *a multitude of subsequent corroborating statutes, from King Edward I to King Henry IV *the Petition of Right, a parliamentary declaration in 1628 of the liberties of the people, assented to by King Charles I *more concessions made by King Charles I to his Parliament *many laws, particularly the Habeas Corpus Act 1679, passed under King Charles II *the Bill of Rights 1689 assented to by King William III and Queen Mary II *the Act of Settlement 1701 Blackstone's list was an 18th-century constitutional view, and the Union of the Crowns had occurred in 1603 between Kingdom of England and Kingdom of Scotland, and the 1628 Petition of Right had already referred to the ''fundamental laws'' being violated.〔(1625-29: Charles I - the first crisis )〕 ==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 of England protested that the Roman Catholic Church was "... subverting the fundamental laws of England and Ireland....",〔http://personal.pitnet.net/primarysources/protests.html〕 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.〔(Sources of the Constitution of the United States, considered in relation to colonial and English history : Stevens, C. Ellis (Charles Ellis), 1853-1906 : Free Download & Strea... )〕 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 Tryal of Wm. Penn and Wm. Mead, for Causing a Tumult, 1670 )〕 The aftermath of the trial established Bushell's Case, preventing a jury from being fined for its verdict.〔http://elvis.rowan.edu/~kilroy/JEK/FOX/penn.txt〕 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.〔http://www.schistory.org/displays/RevWar/archives-online/Gibbes__v__1__p__011b.html〕 Other famous subscribers to the phrase include Lord Coke (1522–1634), Emerich de Vattel (1714–1767), and Samuel Adams (1722–1803). 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Fundamental Laws of England」の詳細全文を読む スポンサード リンク
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