xcviii PRINCE GEORGES COUNTY

honest persons who upon just and good causes had recovered in the county courts
were frustrated of the benefit of their writs upon writ of error and appeal brought
before the judges of the Provincial Court who were sworn to judge according to
the "Rules of Common Law." 53
To remedy this situation it was provided that:

"[I]n all actions heretofore brought in any County Courts or hereafter to be brought
in any County Courts where any plaintiff hath or shall recover or where any Diffendant
hath or shall non suit the Plaintiff or otherwise by matter of fact barr the Plaintiff by and
in the Judgment of the Justices of the County Courts where such causes was try'd if it
appeires by the Record to be submitted to the Justices by consent of the Partys or their
Attorneys in Court it shall be accepted deemed taken and reputed by the Justices of the
Provinciall [Court] in a Writt of Error or appeal to avale and benefitt the plaintiff re-
covering to all intents and purposes as much as if the same matter as to the fact had been
found tryed and returned by a jury of 12 men any Law Statute or Usage to the Contrary
Notwithstanding."

In at least one county court the matter was regulated by rules and orders of the
court. In Baltimore County the rules provided that no attorney for any defendant
in any action in which a plea of nil debet, non assumpsit or not guilty was made
"shall for tryall put themselves upon the Countrey and not upon the Court" under
penalty of paying plaintiff his costs and then by rule of court having to amend
his plea and proceed to trial. 54

As indicated above, in a number of cases defendant pleaded the general issue
and "put himself upon the Country", thus tendering a trial by jury. The acceptance
or joining in such tender of an issue of fact is indicated in the Liber by a similiter
in the form of "And the plaintiff also", signed by plaintiff's counsel. Once there
was a joinder of issue the court presumably issued a writ of venire facias juratores
directing the sheriff to return a panel of twelve jurors. The entries relating to jury
trial are set forth in the Liber in substantially the same formalized language as in
the case of jury trials in criminal causes noted above and cast little light on the
mechanics of impaneling a jury. The names of the jurors are entered; one is desig-
nated as foreman. No evidence appears of any challenge. An oath was taken, but
the form does not appear in the Liber or in the laws.

As to the trial stage, the Liber yields virtually no information. Probably the
greatest insight into how a civil cause was tried in Prince Georges County at the
time under consideration is afforded by one of the rules and orders of Charles
County Court referred to above. This rule regulating trial procedure reads as fol-
lows:

That for Regulateing the Methodes of pleadeing and arguments at the barr wee the
Justices Doe hereby promise that wee will not hold any arguments Eidier with our selves
or the atturneyes or suitors while the Cause is in argument Unlesse it bee to ask any

53. 38 MA 103. See also 19 id. 565. As to the several statutes of jeofailes in force in the province
see the comments of Kilty on 14 Ed. III, St. 1, c. 6 ("The statutes of amendment and jeofails
were so essential in the administration of justice, that there can be no doubt from that circumstance,
and from what is known as to the practice, of their having extended to the province." Op. cit
supra 216-17); 36 Ed. III, c. 15 ("it must have been ... in some degree, in force in the province...."
Op. cit. supra 221); 11 Hen IV, c. 3 ("This statute appears to have been in force ..." Op. cit. supra
225); 9 Hen. V., St. 1, c. 4 and 4 Hen. VI, c. 3 (op. cit. supra 226); 8 Hen. VI, c. 12 and c. 15 (extended
in part. Op. cit. supra 227); 32 Hen. VIII, c. 30 (extended in part. Op. cit. supra 232); 18 Eliz. I, c.
14 (op. cit. supra 235); 27 Eliz. I, c. 5 (op. cit. supra 235); 21 Jac. I, c. 13 (op. cit. supra 237); 16 and
17 Car. II, c. 8 (sections 1 and 2 extended to the province. Op. cit. supra 239).

54. BCCP, Liber G, No. 1, 554.