Chap. XIV.] AND Religion. 225 



the people were placed. The Common Law means, 

 the ancient and ordinary usages and custotns of the 

 land with regard to the means of protecting property 

 and persons and of punishing crimes. This law is no 

 written or printed thing. Jt is more ancient than 

 books. It had its origin in the hearts of our forefa- 

 thers, and it has Hverl in the hearts of their sons, from 

 generation to generation. Hence it is emphatically 

 called the law of the land. Juries, Judges, Courts of 

 Justice, Sheriffs, Constables, Head-boroughs, Hey- 

 wards, Justices of the Peace, and all their ninnerous 

 and useful powers and authorities, make part of this 

 Laiv of the Land. The Boroughmongers would fain 

 persuade us, that it is they who have given us this 

 Law, out of pure generosity. But, we should bear in 

 mind, that this Law is more ancient, and far more an- 

 cient, than the titles of even the most ancient of their 

 famihes. And, accordingly, when the present Royal 

 Family were placed upon the throne, there Avas a so- 

 lemn declaration by the Parliament in these words : 

 " The Laws of England are the Birthright of the 

 " People of England." The Boroughmongers, by 

 giving new powers to Justices of the Peace and Judges, 

 setting aside the trial by Jury in many cases, both of 

 property and person, even before the present horrible 

 acts; and by a thousand other means, have, b}^ Acts 

 of Parliament, greatly despoiled us of the Law of the 

 Land ; but, never have they given us any one good in 

 addition to it. 



413. The Americans have taken special care to pre- 

 vent the like encroachments on their rights : so that, 

 while they have Courts of Justice, Juries, Judges, 

 Sheriffs, and the rest, as we have ; while they have all 

 the good part of the Laws now in force in England, 

 they have none of the had. They have none of that 

 Statute Law of England, or Act of Parliament Laiv, 

 which has robbed us of a great part, and the best part 

 of our " Birthright." 



414. It is, as I said before, not my intention to go 

 much into particulars here ; but, I cannot refrain from 

 noticing, that the People of America, when they come 

 to settle their new governments, took special care to 



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