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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 93   View pdf image (33K)
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557] The English Statutes in Maryland. 93
" Lands, Tenements, Hereditaments, Goods, or Chattels, of any of
"the Subjects of this Kingdom; but that the same. ought to be
" tryed, and determined, in the ordinary Courts of Justice, and by
"the ordinary Course of the Law." * Great Officers transgressing
this Law, are liable to severe Penalties.
The Preamble to the Habeas Corpus Act. shews, what Shifts, and
Evasions, were used, to elude (he Force of the Laws, that were
instituted, to secure the Subject's Liberty: the Words
(*) 16 Car. c. 10.
p. 17 are; "Whereas, great Delays have been used. by Sheriffs, Goalers,
" and other Officers; to whose Custody, any of the King's Subjects,
"have been committed, for criminal, or supposed criminal Matters;
"in making Returns, of Writs of Habeas Corpus, to them directed;
"by standing out an Alias. Pluries Habeas Corpus; and sometimes
" more, and by other Shifts, to avoid their yielding Obedience to
" such Writs; contrary to their Duty, and the known Laws oi the
" Land; whereby many of the King's Subjects, have been, and here-
" after may be, long detained in Prison, in such Cases, where by the
"Law they are bailable; to their great Charges and Vexation. (I)
Therefore, Provision is made. to oblige ail Officers to perform their
Duty, and to punish such as shall not do so. There is no Part of the
Royal Prerogative, abridged, or retrenched by these Statutes; no
new Liberties, or Priviledges are granted to the Subject. Here are
ample, and large Declarations in Parliament, of the Subject's Rights;
loud Complaints of the Violation of those Rights: The Rights,
themselves, confirmed; and the knavish Chicanes, and crafty Inven-
tions, that were introduced to deprive the Subject of his Rights,
are abolished; and more easy, plain, and direct Ways, for the Sub-
ject, to come at the Benefit of Laws. established in their Room.
By the first Act for settling the Succession of the Crown, a Par-
liamentary Declaration, of the Rights, and Liberties of the Subject,
was thought necessary; not because the Subject had forfeited his
Rights, and Liberties: or demanded new: But because, those that
antiently belonged to him, had been invaded, and violated.*
From what hath been said, it is evident that the English Subject,
had very ample Rights, and Privileges, by the Common Law: and
it is manifest by the several Statutes already mentioned:
(I) 31 Car. 2. C. 2. (*) W.&M.C.2

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 93   View pdf image (33K)
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