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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 57   View pdf image (33K)
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521] The English Statutes in Maryland. 57
where the same topic receives expanded treatment, he says:
" Arbitrary justice suits only the condition of slaves," and
declares that if the rule of law is uncertain, life, liberty, and
property are jeopardized."
Then comes a classification of English laws (statute) into
general, which specifically include " the realm of England
and all other dominions thereto belonging ", and particular
statutes—the latter in turn being subdivided into definite par-
ticular, which mention the place in which they are to be effec-
tive, and indefinite particular statutes, which mention no
location, yet are implicitly located [restricted] to "the place and
people only for whom they were made, since laws bind none
but those particular subjects for whom they were designedly
made and for the redress of whose grievances they were in-
tended." From this point he proceeds :
"' Many such laws are in England, which being made for the bene-
fit of the English nation only are of obligation to no other subjects
but those of that nation; for that nation only having representatives
at these parliaments wherein such Laws were enacted none but the
people of that nation can be bound by them sith none but they
consented to the making of them. or indeed know of their being
made [:] lor the Laws of England enacted for i;s Benefit only are
not promulgated because every Englishman in Construction of
Law is supposed to be present by his proxy or Representative at
the making of such Laws and his Consent and Knowledge are
presumed in every Ac; of Parliament Passt by them. But with
English Subjects Living in another Land who have no Representa-
tives there the Case is quite otherwise for they must be particularly
expressed in every English Act of Parliament that Binds them and
the Act must be duly promulgated amongst them in the most
publick places by their Sheriffs otherwise or by the Governor's
order in the Gazettes." 19
The good parson was then struggling between his belief in
the Lockeian government by consent and his regard for the
sovereignty of Parliament- For he proceeds to show that the
colonists have not the full privileges of Englishmen because
they are subject to the authority of Parliament. In spite of
the '' soothings " of " illiterate lawyers," the English colo-
" Ibid. pp. 278 ff.
" Ibid.. pp. 270 ff. Compare Shower's argument for the plaintiff
in Blankard vs. Galdy; Salkeld. p. 411; or 4 Mod., pp. 223 ff.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 57   View pdf image (33K)
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