clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 14   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

14 The English Statutes in Maryland. [478
its right of initiative, and passed acts for the Province, such
legislation never amounted to a complete and inclusive code."
These provincial acts were often negatived by the Proprietor,
and in time the Assembly—and especially the Lower House—
claimed for Maryland the extension to the Province of not
only the common law of England, but also the statute law of
the mother country, in cases where no specific law of the Prov-
ince applied. The former claim was before long admitted by
the Proprietor;" and the common law, so far as applicable
and unmodified, became a recognized part of the law of Mary-
land. The demand as to the statutes, however, was denied.
While the statutory doctrine was thus uncertain, the com-
missions issued to the judges were. understood—at least, in
after years—to refer to the Laws of England, or the Laws
and Statutes of England, as supplying the deficiencies of
the Province, laws.14 The difficulty was that these judges
were proprietary officers, over whom the Assembly had little
control, and that they might use their discretion arbitrarily.
That this was not an imaginary danger is shown by the action
of the Governor in 1677. when he declared that an Act
of Parliament against nuncupative wills was in full force in
Maryland,15 while in Fendall"s trial the English law of treason
was applied." Such measures as these were regarded by the
Assembly as legislation without their consent; and in the
expanded statement of grievances issued by the Protestant
party in the Revolution we find these charges against the Pro-
prietor emphasized:
Making laws without the consent of the Assembly and extending
them to the estates of the inhabitants.
12 Maryland Archives. I. Ass. Pro. passim. Steiner, Maryland's
First Courts. American Historical Association Report, 1901, Vol.
I, p. 222.
13 McMahon. Historical View, pp. 113-116.
Reinsch. P. S. English Common Law in the Early American
Colonies. Bulletin of the University of Wisconsin, No. 31 [1899].
14 McMahon, p. 113. See also the documents referred to below.
15 Sparks. Causes of the Maryland Revolution of 1688 [in Johns
Hopkins University Studies, Series XIV.]. p. 75, citing Lib. R R.,
158.
16 Ibid. p. 86. citing III. Ass. Pro., pp. 313, 330, 332.

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 14   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives