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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 103   View pdf image (33K)
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567] The English Statutes in Maryland. 103
the Country, upon a Supposition, that We have no Right to them,
without so doing; and that We should miscarry in that Attempt,
which is not impossible, it would be such an Argument against the
Right we contend for, as we could not easily get over; besides the
Danger of its being made a Handle, to overturn a great deal, that
hath been heretofore done, by Virtue of the Statutes.
p. 30 Thus, I have endeavoured to prove The Right of the People of
Maryland, to the Benefit of all the English Laws, of every kind, that
have been instituted for the Preservation, and Security of the Sub-
ject's Liberty, from Reason, and Authority; and to represent to my
Fellow-Subjects, the great Advantage they derive from the Laws of
their Mother Country; and how highly they ought to esteem them.
And I beg leave to add, That Men, from a State of Nature and
Equality, formed themselves into Society, tor mutual Defence, and
Preservation; and agreed to submit to Laws, that should be the Rule
of their Conduct, under certain Regulations. Let us suppose the
first Settlers of Maryland, to be a Society of People, united and com-
bined together, for mutual Defence and Preservation; and sensible,
not only of the Use, but also of the Necessity of Laws. and conscious
of their own Incapacity, to make such as might suit their Occasions,
and procure their Welfare and Safety: I say, suppose them under
these Circumstances, without any Regard to their Rights, as Eng-
lish. or British Subjects, or by Charter: And that they actually
agreed, to make the Laws of their Mother-Country, (of which it is
to be presumed, they had a general, or at least, some Notion,) to be
the Rule of their Conduct, with such particular Provision, as they
should, at Times, find necessary to make. in particular Cases: And
that upon long Tryal, and Experience, of those Laws; they became
convinced, of the Equality, and Justice of them, and consequently,
fond of them: Will any one say, that they are obliged, to change
those Laws? Or, to have them upon other Terms, than they have
always had them, without their own. Consent, or the Interposition,
of the supreme Authority, of their Mother Country. It is manifest,
by the judicial Proceedings, (which my Lord Hale says, make one
formal constituent Part oi the Law: *) and the Manner of Transfer-
ring Property, in
(*) Hale's History oi the Law.

 
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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 103   View pdf image (33K)
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