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90 The English Statutes in Maryland. [554 Purposes; or even, of Re-enacting- such of the Statutes themselves, as may be convenient for them, they have no Occasion tor the Statutes at All; Whence then, say they, these Apprehensions of wanting Laws? 'Tis only the Statute Law you have no Right to, nor Occasion for. As to the Power of Legislation, I shall say something hereafter. What I contend tor, is, that we derive our Right to British Lib- erties, and Privileges, as we are British Subjects; That as such, We have a Right to ail the Laws, whether Statute, or p. 13 Common, which secure to the Subject, the Right of a Subject, as inseparably incident to those Rights; that the Right to the Liberties, and Privileges: and the Benefit of the Laws, have the same Foun- dation: And therefore. If we may be deprived of any Part of that Right, without our Consent, or our being convict of any Crime, whereby to forfeit it? We may. by the same Reason, and Authority, be deprived of some other Part; and this, will naturally render the Whole, uncertain: and our Lives, Liberties, and Properties, Pre- carious. I have no Notion of a Certainty, in any Thing, that I hold by so slender a Tenure, as the Will of another; but think it vain, and arro- gant, to call it Mine. Those, that would vouchsafe Us the Benefit of the Common Law, but would entirely deprive Us of the Benefit of any of the Statutes, would leave Us in a poor Condition, with Regard to our Liberties: For all the Rights, which the English Subject .was entitled to, by the Common Law, were at Times, invaded by Men of Power, and Authority; and the very Invasions themselves called by the Iniquity of Men. and Time. the Law of the Land: And that very Law. which was calculated, and instituted for the Defence, and Safeguard, oi Property; preverted to the Destruction of Property. By the Law of Nature, All Men were equal; and by that Law. the Law of Rea- son, and the Revealed Law of God, Men are enjoyned, to treat One Another, with Humanity. Justice, and Integrity. Yet, such has been. and is. the Depravity of Human Nature; and so little, has the Love of Equity, and Justice, prevailed among Men; that the excellent Rules, which the Laws already mention'd dictate, have not been sufficient to keep them, within just Bounds, or to restrain them. from treating one Another, with the greatest Cruelties imaginable: Whence, it became absolutely necessary, to make some further Provision by positive Laws; |
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Sioussat's The English Statutes in Maryland, 1903
| Volume 195, Page 90 View pdf image (33K) |
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