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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 16   View pdf image (33K)
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16 The English Statutes in Maryland. [480
government, some English Statutes were definitely introduced
by Act of Assembly, one of which was the English Act of
Toleration20—and at the same time the Lower House came
nearer a sensible solution of the difficulty than before; for at
their command the Chief Justice, one of their body, drew up
a list of statutes which were to be considered as extending to
Maryland. But even after this had been revised and supple-
mented by the wish of others, this list was not legally adopted.21
Later, after further resolutions by the Lower House, with no
result,21 in 1714 Governor Hart suggested, and the Upper
House proposed to the Lower that the' Assembly should re-
quest some of the Queen's counsel and others most eminent
in the law to give their opinions as to what laws of England
did extend to Maryland.23 At this time and in this way the
affair might have been brought to a reasonable and successful
close—at least in so far a& the past was concerned, but the
Lower House postponed the matter; then shortly followed the
restoration of the Province to the Proprietors, and nothing was
done as to the genera! principle. An Act of 1715, however.
required the court of the Judge or Commissary General for
Probate of Wills and granting Administrations to proceed
" according to the Laws of England now in force, or to be
hereafter in force, within twelve months after such laws shall
be published in the Kingdom of Great Britain, if pleaded
before him. saving in such cases as by this present Act is pro-
vided.24
Such, in outline, was the development of this controversy
down to 1722, at which time the latest and most important
phase of it added strife over this matter to the many other dif-
ficulties of those years. At this point, we may suspend the
narrative to inquire as to the principles involved, especially
those found upon the side of the English courts, or in the ex-
perience of other colonies.
"Act of 1706. ch. 8. This also introduced the English Statute
I, Jac. 1 ch. n. against bigamy.
21 Mereness, p. 266-
22 Mereness, p. 267.
23 1714. Upper House Journal (MS.) June 28-29, July i, 1714.
Steiner, Restoration, p. 239.
24 Bacon. Laws of Md. Act of 1715, ch. 39, § 2.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 16   View pdf image (33K)
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