26 court of appeals of maryland

which then prevailed, and which had been adopted
largely with a view to political advantages gained
by it for the colonists.⁴ This particular act was
continued for further periods by an act of 1695,
chapter 19, and an act of 1696, chapter 14, and by
a chain of succeeding acts, with variations and ad-
ditions from time to time. The statute, and the
instructions in Governor Nicholson's commission
both seem to be concerned with appeals or writs of
error in civil cases only, but writs were actually
issued in criminal cases as well, one as early as
May 13, 1699.⁵ No additional statute or order
extending the appellate jurisdiction to criminal
cases has been found.

The provision as to the method of appeal in
cases at law was that contained in the statute of
1678, that is, the appellant was given a choice of
adhering to the old procedure of a formal writ of
error, or of making his appeal by simply procur-
ing a transcript of the record of the trial court
without a writ, and lodging it with the appellate
court. This was, as has been said, an innovation
on the English practice. Even in proceedings on
writ of error there was a minor innovation adopted
without express authority; while in the House of
Lords it was, and long remained, the practice to
transmit the original trial record together with
the transcript of it, and then to have the original
returned after comparison,⁶ in Maryland, only the
transcript was sent up.

4. See note (r), 1 Bland, Chancery, 646.

5. Liber H. D. No. 1, fol. 148, MSS. Proceedings of Court of Ap-
peals.

6. Macqueen, 349, Holdsworth, I, 371.