Family-histories and genealogies : containing a series of ...

"Another fundamental of British liberty is that of trial by our own Peers
Jurymen, after the manner of England. If there be any privelege in the common
law, it is this. If any in Magna Charta, secure and sacred to the subject, it is this
right of trial by our own Peers.
" It was one thing immediately in contest in the baron war, which those sensible,
noble patrons of liberty asserted to be their right ; for which they associated and
fought, and which they would and did have secured, as an indeseasible inheritance,
to themselves and posterity forever. No privelege, I think, is oftener repeated in
Magna Charta. 'Tis express : 'An Earl and a baron shall not be amerc'd but by
their Peers ; and according to the manner of the offence.' And again :
' no
—
freeman
shall be taken, nor imprison'd, nor disseiz'd, nor out-law'd, nor exil'd, nor destroyed,
in any manner ;
nor
will we pass upon him, or condemn him, but by the lawful
judgment of his Peers, or by the law of the land.' And it was fully provided, as to
what was passed, where any had suffered in lands, or chattels, or priveleges &c.,
without lawful judgment of their Peers—such judgments were annul'd, and their
rights to be restored ; and
for the future 'tis brought [out] again and again, with
respect to the English and Welch both, processes should be, in England, ' by the
lawful judgment of their Peers, according to the law of England by
;' in Wales, '
their
Peers, according to the law of Wales.' ... So that this invaluable charter must
be destroyed, before we can be deprived of this precious privelege. 'Tis express in
these lines :
' We will not obtain of any one for ourselves, or for any other, any
thing whereby any of these concessions, or of these liberties, may be revok'd or
annihilated ; and if any such thing be obtained, it shall be null and void, nor shall
ever be made use of by ourselves or any other.' "...
The paper of September 27 opens in immediate connection with
that of the 20"^ thus :
" Do not these measures effectually subvert our royal charters, and the most
important priveleges we hold by them ?"
It is devoted to a description of the infringement, by the Stamp Act, of
those special charter-rights which had been granted to Americans by the
Crown ;
and shows how all royal charters must stand or fall together, all
beinp- alike rewards of merit, "granted ... for eminent services
done for the crown and kingdom."
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