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96 The English Statutes in Maryland. [560 lent Preceptors, for Englishman! and shew, (without Doubt,) worthy Examples, for their Imitation! In the Dispute between the Earl of Darby, and the Sons of a former Earl, about the Isle of Man, when it was urged, that the English Laws, extended to that Island; it was alledged, and proved, that they were governed by other Laws, which Laws, were shewn in Writing: For which Reason, (I conceive, though the Book is silent in that Particular.) it was adjudged, that the English Laws did not reach the Isle of Man.* (*) 2 Anderson's Reports. n6. p. 21 In a Word. it seems clear, that the Reason of the adjudged Cases, turns upon this, that even in the Case of a Conquered Coun- try. the People ought to enjoy their own Laws, until they are actu- ally abrogated, and others instituted in their room, by the Con- queror. This appears plainly in Calvin's Case, t where a Distinction is made between the Conquest of a Christian Kingdom, and the Kingdom of an Infidel. " Upon this Ground, there is a Diversity " between a Conquest of a Kingdom of a Christian King, and -the " Conquest of a Kingdom of an Infidel: for, it a King come to a " Christian Kingdom by Conquest, seeing that he hath Vitae et necis " potestatem. he may at his Pleasure, alter and change the Laws oi "that Kingdom; but until he doth make an Alteration of those " Laws, the antient Laws of that Kingdom remain." And it appears plainly in History, that some of the wisest, as well as most successful Nations in the World, have been very careful to avoid making such Changes, left they might beget an irreconcileable Hatred between the Victors and Vanquished; whereas, leaving the latter the Use and Benefit of their own Laws, would make them submit, with the less Reluctance, to the Government of their Conquerors: and there is neither Policy, nor Humanity, in making People desperate. " Thus ''did the Goths, when they overcame the Romans;* So had the "Romans done, when they conquered the Germans and Gauls: "What would our Empire now have been (says Seneca) if a whole- " some Providence had not intermix'd the Conquered with'the " Conquerors. Our Founder Romulus (says Claudius, in Tacitus) " did so prevail by his Wisdom, that he made of those that were "this Enemies, the same Day. his ('Subjects and) Citizens; and he " tells us, that nothing contributed so much to the Ruin of the " Lacedemonians and Athenians, as their driving away the Con- quered as Strangers. Histories give us Examples of the Sabines, Albans. Latins, and other Italian Nations, till at last Caesar led the Gauls in Triumph, and then entertain'd (t) Co. R. 17 C. * Grotius of the Rights o{ Peace and War. B, 3. chap. 15. |
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Sioussat's The English Statutes in Maryland, 1903
| Volume 195, Page 96 View pdf image (33K) |
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