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 26   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

26 The English Statutes in Maryland. [490
E vans and the Assembly, the former issued an ordinance to
establish courts; in which the judges were directed to hear
and determine cases " as near as conveniently may be to the
laws of England, and according to the laws and usages " of
the Province. In equity cases, they were to " observe " as
near as may be the practice and proceedings of the High
Court of Chancery in England. Against this establishment
of courts by ordinance the Assembly remonstrated,, but to
little purpose, and the quarrel dragged on through subsequent
administrations20 The constitutional points in dispute lie
without the scope of our consideration, but the reference to
the laws of England concerns us directly.
Furthermore, in 1718, Governor Keith and the Council
fell out over the commissions of the judges. Should they
run in the name of the Governor merely—as had been the
case—or should they not rather run in the name of the King.
with the Governor's attestation? In supporting the latter
view, the Governor argued that the judges were the King's
judges; and that the Proprietor had only the right of naming
them, and he urged the example of Durham, where by Act of
27 Henry VIII. ch. 24, the power of appointment was taken
from the Bishop and vested in the Crown.
" In reply," says Shepherd. " the Council stated that the diffi-
culty had arisen in not distinguishing the difference between Eng-
land and new colonies made without the verge of the ancient laws
of that Kingdom.' As the King could give power to subjects to
transport themselves to the dominion of other princes, where
they would not be subject to the laws of England, so he might
allow them to go to any foreign country upon any conditions he
might choose to prescribe. Furthermore, since the native Indians,
who inhabited these newly discovered American lands, were not
subject to the laws of England. ' those laws must, by some regular
method, be extended to them. tor they cannot be supposed of their
own nature to accompany the people into these tracts in America '
any more than into any other foreign place. The King. by his
charter, had given the proprietor and the people will power to
enact laws not repugnant to those of England, but ' without ex-
tending any other than such as were judged absolutely necessary
lor the people's peace and common safety till such time as they
should think fit to alter them.' "
Shepherd: Proprietary Government in Pennsylvania, pp. 386 ff.

  		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 26   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  October 06, 2023
Maryland State Archives