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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 83   View pdf image (33K)
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547] The English Statutes in Maryland. 83
ners; and which by Consent, and long Use, have obtained the Force
of Laws.
The Statute Law, consists of such Acts of Parliament, as have
been made from Time, to Time, by the whole Legislature: some of
which, are declaratory, or alter the Common Law; I mean, such
Part of it as consists of Usages, and Customs, that received their
Force and Sanction from the Consent of the People: when those
Usages, and Customs, have been mistaken, misapplied, or found to
be unsuitable to the Order, and Engagements of Society, in order to
make the whole Body of the Law, best answer the true End of all
Laws, the Good and Safety of the People.
Some, have restored the People to the Rights, that were theirs,
by the Common Law, (which contained nothing inconsistent with
Genera! Liberty and Property,) and which ill Men, had at Times,
invaded, and infringed; and have made New Barriers, (if I may so
speak.) to prevent future Infringements
p. 4 of the like Nature; and paved out a certain, determinate Path,
for every Subject, suffering Violence, and Oppression, to be reme-
died; And taken Care to make it the Interest as well as it ever was,
and ever must be, the indispensible Duty of the Magistrate, to allow
the Subject, the Benefit of the Law; by rendering the Magistrate
himself punishable, if he should neglect, so essential a Part of his
Duty.
Some Statutes, are Introductory of new Laws, which may be
divided, into such as are by the Words, or Subject Matter of them,
of general Use and Extent; such as are more confined; and such, as
are made for particular Ends, and Purposes. I shall have C)ccasion
to treat of the first of These, only.
This Law. of England, is the Subject's Birth-Right, and best
Inheritance; and to it. may be justly applied, what the great Oracle
of the Law, the Lord Coke, saith of the Common Law. "Of Com-
" mon Right, that is, by the Common Law; so called, because (his
" Common Law. is the best and most Common Birth-Right, thai
"the Subject hath, for the Safeguard and Defence, not on;y of his
"Goods, Lands, and Revenues; but of his Wife, and Children, his
" Body, Fame, and Life. also.
(I) 'Tis this Law, that will effectually secure every Honest Man,
who has the Benefit of it, in his Life. the Enjoyment of his Liberty,
and the Fruits of his Industry. 'Tis by Virtue of this Law, thai a Brit-
ish Subject, may with Courage, and Freedom, tell the most daring,
and powerful Oppressor, that He must not injure him. with Im-
punity, This Law, uprightly and honestly applied, and administered,

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 83   View pdf image (33K)
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