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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 11   View pdf image (33K)
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CHAPTER I.
THE LEGAL SYSTEM IN MARYLAND TO THE END OF THE
ROYAL GOVERNMENT.
" It is observable," wrote Governor Hutchinson, " that all
the colonies, before the reign of King Charles the Second,
Maryland excepted, settled a model of government for them-
selves." ' In this exception—for which the author vouch-
safed no explanation—are reflected the turmoil of the history
of Maryland, the vicissitudes of the proprietary government,
and the constitutional struggles within the colony.
Among the very earliest of the many contests which mark
the relations of the Proprietors and their colonists was one
about the very foundations of government—" what laws the
colony should be governed by." The sixth and seventh para-
graphs of the royal charter gave to the Proprietor and his heirs
the right
'' to ordain, make and enact laws. of what kind soever, accord-
ing to their sound discretions, whether relating to the public state
of the said province, or the private utility of individuals, of and
with the advice, assent and approbation of the freemen of the said
province, or the greater part of them, or of their delegates or depu-
ties, whom we will shall be called together for the framing of laws,
when and as often as need shall require, by the aforesaid now
Baron of Baltimore and his heirs, and in the form which shall
seem best to him or them . . etc."
The Proprietor could also issue " fit and wholesome ordinances
from time to time." But these should not affect the " right or
interest of any person or persons of or in member, life, freehold.
goods or chattels." Further, in the charter is included the com-
mon limitation that all laws must "be consonant to reason and
not be repugnant ... to the laws, statutes, customs, and rights
of this our Kingdom of England."
Dispute at once arose over the power of initiating legisla-
tion. The first settlers of Virginia had been subject to laws
' Hutchinson: History of Massachusetts Bay, Vol. I. p. 94, note.
The edition used purports to be the second, and bears date
MDCCLX. but the preface shows that this should be MDCCLXIV.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 11   View pdf image (33K)
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