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Proceedings and Acts of the General Assembly, 1752-1754
Volume 50, Page 623   View pdf image (33K)
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APPENDIX

PAPERS RELATING TO CERTAIN ACTS PASSED BY
THE GENERAL ASSEMBLY OF MARYLAND,
I75I-I754

I

LEGAL OPINION OF CHARLES PRATT TO THE GUARDIANS OF FRED-
ERICK, THE YOUNG PROPRIETARY, AS TO THE ADVISABILITY
OF PERMITTING THREE ACTS TO REMAIN LAWS

[EDITOR'S NOTE. The General Assembly at its June, 1751,
Session, passed three acts, which Arthur Onslow and John Sharpe,
the guardians of Frederick, the Lord Proprietary, still a minor,
questioned the advisability of giving their assent to on his behalf.
The endorsements and the papers show that they were submitted
in June, 1752, to Charles Pratt for a legal opinion as to their
merit, by Hugh Hamersley, at this time an assistant secretary
for Maryland affairs to Frederick's guardians. Pratt, who later
became Lord Chancellor and first Earl Camden, wrote in his own
hand the opinion which follows (pages 627-630), advising the assent
of the guardians on behalf of Frederick to two of the acts and the
dissent or veto to the third, although his advice as to the last was
not followed. " The Speaker " referred to in the endorsement was
Arthur Onslow (1691-1768), for many years speaker of the House
of Commons, and one of the young Proprietary's guardians. The
identity of " the Attorney General " mentioned in the endorsement
is not clear, as there is a question whether the endorser referred to
Sir Dudley Ryder (1691-1756), who held this office in 1752, or to
William Murray (1705-1793), later the Earl of Mansfield, one of
the legal advisers to the guardians, who became Attorney-General
a short time later.]


Case on the 3 Maryland Laws herewith left which are
transmitted for the Lord Proprietarys Assent

By the Charter of this Province Power is given to the Lord
Proprietary with the Consent of the Majority of the Freeman of
the Province their Deputys or Rep.ves Assembled together to make &
Enact Laws as well in respect to the Publick State & Cond.n of the
Province as for the Private advantage of Individuals under this
restriction only.

" Ita tamen Quod Leges prsedict sint rationi consone, & non
" sint repugnant nec contrar, sed quoad Convinen fieri poterit
" Consentanee Legibus, Statut, Consuetud ac Juribus hujus
" regni nostri Ang.l "

Calvert
Papers
No. 486
1752

p. 1



 
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Proceedings and Acts of the General Assembly, 1752-1754
Volume 50, Page 623   View pdf image (33K)
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