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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 84   View pdf image (33K)
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84 The English Statutes in Maryland. [548
will secure Men from all Degrees of Oppression. Violence, and
Injustice; it tells the Magistrate what he has to do, and leaves him
little Room, to gratify his own Passion, and Resentment, at the
Expence of his Fellow-Subject. It suits the Degrees of Pun-
(I) I. Inst. 142.
p. 5 ishment, to the Nature and Degrees of Offences, with a due Regard
to the Circumstances of Aggravation and Extenuation; as well as
to the Frailties and Infirmities of Human Nature. 'Twas of this
Law, that it was truly said, by an honest, bold Patriot, an hundred
Years since, in Parliament: ''Our Laws, which are the Rules of
"justice, are the Ne pius ultra, to King, and Subject; and as They
" are the Hercules Pillars, so are they the Pillar to every Hercules,
" to every Prince, which He must not pass. (2)
It was upon the Foundation of this Law, that it was resolved in
the House of Commons, in March, 1638, Nemine contradicente,
I. " That no Freeman ought to be detained, or kept in Prison,
" or otherwise restrained, by command of the King, or of the Privy
" Council, or. any Other, unless some Cause oi the Commitment,
" Detainer, or Restraint, being express'd. for which, by Law, He
" ought to be committed, detained, or restrained.
II. " That the Writ of Habeas Corpus, may not be denyed; but
" ought to be granted to every Man, that is committed, or detained
"in Prison, or otherwise restrained, though it be by command oi
" the King, the Privy Council, or any other; He praying the same.
III. " That if a Freeman be' committed, or detained in Prison,
"or otherwise restrained, by the Command o( the King, the Privy
" Council, or any other; no Cause of such Commitment, Detainer,
" or Restraint being expressed, for which by Law, he ought to be
" committed, detained, or restrained; and the same be returned,
upon a Habeas Corpus granted tor the said Party; then He ought
to be delivered or bailed.
(2) Mr. Creswell's Speech, March, 1637; Rushworth's Collections, Vol. i,p. 506.
P-6 " That it is the antient, and indubitable Right oi every Freeman,
"that He hath full and absolute Property, in his Goods and Estate;
" that no Tax, Tallage, Loan, Benevolence, or other like Charge,

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 84   View pdf image (33K)
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