when the word Parliament was used.  Thus Magna Charta expresses it that there should be no taxation without “the advice” of Parliament, without legislation; and as Parliament was a representative body, it is the equivalent of “taxation without representation.”  This also was omitted in Henry III’s charter, 1217, and only restored under Edward I in 1297, a most significant omission.  And it is also expressed in early republications of the Great Charter that taxation must be for the benefit of all, “for public purposes only,” for the people and not for a class.  On this latter principle of Anglo-American constitutional law one of our great political parties bases its objection to the protective tariff, or to bounties; as, for instance, to the sugar manufacturers; or other modern devices for extorting wealth from all the people and giving it to the few.  All taxation shall be for the common benefit.  Any taxation imposed for the sole benefit of the land-owning class, for instance, or even for the manufacturing class, is against the original principles of constitutional liberty.

Then we come to chapter 39, the great “Liberty” statute.  “No freeman shall be taken or imprisoned or be disseised of his freehold or his liberties or his free customs [these important words added in 1217] or be outlawed or exiled or otherwise destroyed but by lawful judgment of his peers, or by the law of the land.”  This, the right to law, is the cornerstone of personal liberty.  Any government in any country on the Continent can seize a man and keep him as long as it likes; it is only Anglo-Saxons that have an absolute right not to have that happen to them, and not only are they entitled not to be imprisoned, but their liberty of free locomotion may not be impeded.  An American citizen has a constitutional right to travel freely through the whole republic and also not to be excluded therefrom.  Punishment by banishment beyond the four seas was forbidden in very early times in England.  “Disseised of his freehold, of his liberties or his free customs”—­that is the basis of all our modern law of freedom of trade, against restraint of trade, and the basis on which our actions against the modern trusts rest; the right to freely engage in any business, to be protected against monopoly either of the state or brought about by competitors, to freely make one’s own contracts, for labor or property, to work as long as one chooses, for what wages one wills, and all the other liberties of labor and trade.  “Or be outlawed or exiled or otherwise destroyed”—­that is a broad general phrase for any interference with a man’s property, life, or liberty.  “Nor will we go upon him”—­that has been translated in various ways, but it means what it says; it means that the king won’t descend upon a man personally or with his army; nor will we “send upon him”—­a law officer after him; “but by the lawful judgment of his peers, or by the law of the land”—­that means jury trial, or at least the law of the land, as it