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Kilty's English Statutes, 1811
Volume 143, Page 139   View pdf image
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STATUTES

AND PARTS OF STATUTES

FOUND APPLICABLE,

BUT NOT PROPER TO BE INCORPORATED.
 

Magna Charta, 9 Hen. 3.--A. D. 1225.
 

CHAP. 1.  A confirmation of liberties.

    From the importance which has been attached to the great charter in England, and the light in
which it is still viewed by the people of that government, it becomes material to enquire how far the
inhabitants of the province were entitled to its benefits; what portion of those benefits we have
now a right to claim, and how far )considering the rights established under our own government)
it will be expedient to introduce, and incorporate into the body of our statute law, this former charter
of our liberties?
    In speaking of the extention of this charter to the province, it must be understood with an exception
of such parts as were entirely of a local nature, and could not in practice have been applicable
to the circumstances of the people; and with this exception, there is no doubt but that it did extend,
and was in full force therein.  The 10th section of the grant to lord Baltimore, ordained, that the subjects
transplanted into the province, and their descendants, should be natives and liege men of the
kingdom of England and Ireland, and should likewise possess all privileges, franchises and liberties
of the kingdom of England.
    The act of assembly 1638, Ch. 2, declared that holy church within the province, should have all
her rights and liberties, and that the inhabitants should have all their rights and liberties according to 
the great charter.  And among the thirty-six laws or drafts of laws that were read in the same assembly,
but not passed, there was one for the liberties of the people, declaring that all christian inhabitants
(slaves excepted) should have and enjoy all such rights, liberties, immunities, privileges and
free customs within this province, as any natural born subject of England had, or ought to have or
enjoy in the realm of England by force or virtue of common law, or statute law of England.
    The rights and liberties granted, or rather confirmed by the great charter, were not inconsistent
with those that were afterwards established by the petition of right, under Charles 1st.  The bill of
rights, 1 W. and M. Sess. 2, Ch. 2, and the act of settlement, 12 and 13 W. 3, or with those established
by our own declaration in 1776.  And although they might, if necessary, be all continued in


 

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Kilty's English Statutes, 1811
Volume 143, Page 139   View pdf image
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