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553] The English Statutes in Maryland. 89 Means, to secure Men in all their Rights, is of greater Consequence, than any particular Part of their Property. I have heard of some Men, who have advanced, that the People of Maryland, have a Right to English Liberties, but not to English Laws; and wonder. Why there should be so much to do about those Laws! When we may do as well without, as with them. Such No- tions are the Effect of Ignorance, in some and of something worse in Others: And. (as I hope to prove.) are big with Absurdity: All the Rights, and Liberties, which the British Subject, so justly, values Himself upon; are secured to Him, by the British Laws: And when, and as often as those Rights and Liberties, are invaded. Re- course must be had to the Law, for Reparation: Right. and Rem- edy, are inseparable; and when the latter ceases, the former is extin- guished the same Instant. " A Man (saith a great Lawyer.) hath no Right to any Thing, for which the Law gives no Remedy. (I) It was held by as great a Judge, as ever sate in Westminster Hall, clearly; "That a Devisee, might maintain an Action, at Common " Law, against a Ter-tenant, for a Legacy, deviled out of Land; " for. where a Statute, as the Statute of Wills, (I) Vaughan's Reports 253. p.13 " gives a Right, The Party, by Consequence, shall have An Action " at Common Law, to recover it. (2) The same Judge, held that it '' was a vain Thing, to imagine, there should be a Right, without a " Remedy. Want of Right, and Want of Remedy, are Termini con- vertibles. (3) And of the same Opinion was a former Judge, (4) And there never was One of a contrary Opinion. It is very evident to every Man's Reason, without any judicial Decision, or other Authority, That to have a Right to a Thing, without any Means or Remedy to maintain that Right, is of no Service. And it is well known, that in all civil Governments, the only certain, and just Remedy, is the Benefit of the Law. Of this, some that advance the foregoing Notions, are aware; but they very well know, that it ought to be carefully concealed, from Those, that they would impose their destructive Doctrines upon, as Orthodox. Others are so good natured, as to allow the People of Maryland, the Benefit of the Common Law; but contend stiffly, that they have no Right to any of the Statutes; and that having the Liberty of sup- plying that Defect, by making Act of Assembly, to suit all their (2) Holt and F. Saliceid's, Rep. 41;;, Vol. I. (3) 6 Mo. Rep. 53. the great Case of the Aylesbury Men. (4) 6 Co. Rep. 58. |
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Sioussat's The English Statutes in Maryland, 1903
| Volume 195, Page 89 View pdf image (33K) |
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