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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 30   View pdf image (33K)
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30 The English Statutes in Maryland. [494
relations to the legal system of the mother country were mat-
ters of dispute. Lastly, the uncertainty in Maryland was as
old as the colony- With these points in mind, we may per-
haps sympathize with " An American," who in " An Essay
on the Government of the English Plantations," published
at the beginning of the eighteenth century, voiced his com-
plaint that
" No one can tell what is law and what is not in the plantation?.
Some hold that the law of England is chiefly to be respected, and,
when that is deficient, the laws of the several colonies are to take
place. Others are of the opinion that the laws of the Colonies are
to take the first place and that the laws of England are in force
only where they are silent. Others there are who contend for the
laws of the colonies, in conjunction with those that were in force
in England at the first settlement of the colony, and lay down that
as the measure oft our obedience, alleging that we are not bound to
observe any late acts of parliament in England except such only
where the reason of the law is the same here that it is in England."26
"Quoted in Lincoln: The Revolutionary Movement in Penn-
sylvania. pp. 117-118. Compare also the section on the Civil Juris-
diction in a Short Discourse on The Present State of the Colonies
in America. This pamphlet is No. 6 in A Collection of Papers and
Other Tracts, by Sir William Keith, London, 1779 (and ed.).
This pamphlet, No. 6, was presented to the King in 1728, and
thus is contemporary with the struggles in Maryland and in
Jamaica.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 30   View pdf image (33K)
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