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563] The English Statutes in Maryland. 99 " Successors, born within our Kingdom of England: And likewise, "any Lands, Tenements, Revenues, Services, and other Heredita- ments whatsoever, within our Kingdoms of England, and other " our Dominions, may inherit, or otherwise purchase, receive, take, " have, hold, buy, possess; and them may occupy and enjoy, give, "sell, alien, and bequeath: As likewise. All Liberties, Franchises, " and Privileges, of this our Kingdom of England, freely, quietly, '' and peaceably, Have. and Possess,Occupy, and Enjoy, as our Liege " People, Born, or to be Born, within our said Kingdom of Eng- " land; without Let, Molestation, Vexation. Trouble, or Grievance, " of Us, our Heirs, and Successors: any Statute, Act. Ordinance, or " Provision, to the contrary thereof notwithstanding. It would be difficult, to invent stronger, or more comprehensive Terms than these, whereby All the Liberties, Franchises, and Priv- ileges, of English Subjects, are granted to the People of Maryland: And this Charter, which I have seen, in the Old Books, p. 25 of the Council's Proceedings, has been confirmed, by Act of Parlia- ment. The English Subject, as hath been already mentioned, and proved, (as I conceive,) had an undoubted Right to his Liberties, Fran- chises, and Privileges, by the Common Law: Yet those Liberties, Franchises, and Privileges, were all invaded, and violated, and Mul- titudes of good Men were first deprived of the Benefit of the Law, and then exposed to Rapine, and Oppression: These Oppressions. always produced Murmurings. and Discontents, and sometimes Slaughter and Bloodshed; and last of ail. Acts of Parliament. to heal the Breaches, that had been made in the Laws; (I) and to establish and confirm the antient Rights of the Subject. The Acts thus obtained, have always been deemed, as essential a Part oFthe Secur- ity, of the Subject to his Rights and Privileges, as the Common Law itself: And, as he was insecure, before they (the Statutes' were made; so would he be rendered, if they were abrogated, or He deprived of the Benefit of Them: For the Benefit of the Laws. is so necessary to support the Liberties, which they were instituted to confirm and establish; That the. Abrogation of such Laws. would in Effect, be an Abolition of the Liberties themselves. Here then. by these Words of the Charter, the Liberties. Fran- chises, and Privileges of an English Subject, are granted fully, and amply, to the People of Maryland; the Benefit of the Laws, securi- tative of those Liberties, etc., as inseparably incident to the Liber- al) History of Magna Charta. and the Transactions of several Reigns before it, in (he Book called English Liberties, p. 8. g. & 10. |
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Sioussat's The English Statutes in Maryland, 1903
| Volume 195, Page 99 View pdf image (33K) |
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