AND RELIGION 



overcame them in war ; cast off all dependence, and became free 

 and independent States. But, the great men, who conducted 

 that Revolution, as well as the people in general, were too wise to 

 cast off the excellent laws of their forefathers. They, therefore, 

 declared, that the Common Law of England should remain, being 

 subject to such modifications as might be necessary in the new . . 

 circumstances in which the people were placed. The Common 

 Law means, the ancient and ordinary usages and customs 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. It is 

 more ancient than books. It had its origin in the hearts of our 

 forefathers, and it has lived 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, Heywards, Justices of the Peace 

 and all their numerous and useful powers and authorities, make 

 part of this Law 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 ancient, than the titles of even the most 

 ancient of their families. And, accordingly, when the present 

 Royal Family were placed upon the throne, there was a solemn 

 declaration by the Parliament in these words : &quot; The Laws of 

 &quot; England are the Birthright of the People of England.&quot; 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, by 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. X 



413. The Americans have taken special care to prevent 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 ihe^good part of the Laws now in force in England, 

 they have none of the bad. They have none of that Statute 

 Law of England, or Act of Parliament Law, which has robbed us 

 of a great part, and the best part of our &quot; Birthright.&quot; 



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 govern 

 ments, took special care to draw up specific Constitutions, in which 

 they forbade any of their future law-makers to allow of any Titles 

 of Nobility, any Privileged Class, any Established Church, or, to 

 pass any law to give to any body the power of imprisoning men 

 otherwise than in due course of Common Law, except in cases of 

 actual invasion or open rebellion. And, though actual invasion 

 took place several times during the late war ; though the Capital 

 city was in possession of our troops, no such law was passed. 



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