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92 The English Statutes in Maryland. [556 by Magna Charts, which was in full Force, when this Statute was made. By another Statute, made but Fifteen Years after the last, and in the same Reign: It was assented to, and accorded for the good Government of the Commons; that no Man, be put to answer with- out Presentment before Justices, or Matter of Record, or by due Process, or "Writ Original; according to the old Law of the Land. (b) To recite but a very small part, of all the Statutes, that have been made, to confirm, and establish the Subject's Rights, and Liberties that were his, by the Common Law, would be too tedious: I shall therefore, confine myself to a few Instances: In the Preamble, and several Parts of the Body, of the Petition of Right; a great Num- ber of Statutes are mentioned, that confirm'd the Subject's Right, in his Liberty and Property; which were then in Force, and yet had all been violated: (c) Wherefore, it was thought necessary, to declare against the Violation; and establish the antient Rights, in a Parlia- mentary way, which was accordingly done. In the Sixteenth Year, of the Reign of King Charles I. very great Complaints were made of the Star-Chamber, and Council-Table, That the Judges of the former; had not confined themselves (b) 43 Edw. 3. cap 3.W 3 Car. I. C. L p. 16 the Points, limited in the Statute of H. 7. C. I. which impowered the Great Officers of the Crown, and other Great Men, to proceed and punish some particular Offences: "but had undertaken to pun- " ish, where no Law did warrant, and to make Decrees tor Things, "having no such Authority: and to inflict heavier Punishment than "by any Law was warranted; That the Proceedings, Censures, and " Decrees, of that Court, had been found by Experience, to be an " intolerable Burthen to the Subject, and the Means to introduce an "arbitrary Power and Government: That the Council-Table, had of " late Times, assumed to itself, a Power to intermeddle in civit " Causes, and Matters only of private Interest, between Party and " Party, and had adventured to determine of the Estates, and Liber- " ties of the Subject, contrary to the Laws of the Land, and the " Rights and Priviledges of the Subject." The Court of Star- Chamber was entirely dissolved, as were several other Courts; and the following, ample. Parliamentary Declaration made: " Be it " enacted and declared by Authority of this present Parliament. " that neither his Majesty, nor the Privy Council, have, or ought to " have. any jurisdiction, Power, or Authority, by English Bill, Peti- *' tion, Articles, Libel, or any other arbitrary way whatsoever, to " examine, or draw into Question, determine, or dispose of, the |
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Sioussat's The English Statutes in Maryland, 1903
| Volume 195, Page 92 View pdf image (33K) |
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