OF COLONIAL MARYLAND 87

Throughout the colonial period the General Assembly frequently
concerned itself with probate matters, especially the protection of
orphans' estates. In 1681, an Act entitled "An act for the better
Admstracon of Justice in probate of Wills, granting Admstracons
Recovery of Legacy & secureing fillial porcons" was passed.²² This
Act may well be called the basic law of the Prerogative Court; for,
with one important exception, none of the laws passed subsequently
made any great change either in the organization or procedure of
the Court It required the Judge or Commissary General to "hold his
court once in Two Months att the Least or oftner as the Case shall
Requier." He was to proceed in all testamentary causes according
to the Laws of England if pleaded before him except "in such cases
as shall in this Act be Limited or shall heereafter bee Limited by
Act of Assembly of this Province, as utterly impracticable in this
Province." It was made lawful for the Judge to prove "any Last
Will in this Province even though itt Concerne Title to Land any
Law useage or Custome of the Kingdome of England to the Con-
trary Notwithstanding." Executors and administrators were to ac-
count for the estate within twelve months after administration was
committed. The care of orphans' estates and choice of guardians
was left to the county courts, but very elaborate and detailed regu-
lations were prescribed by the law; the theory being that local
authorities, being better acquainted with the individuals concerned
and in the same locality where the estate was, could do a better
job of protecting the interests of the orphans. Finally the right of
appeal from the decision of the Commissary General which had
been established in the commission issued to Philip Calvert in 1672
was confirmed, provided that the appellant enter his appeal before
the Commissary within 15 days of the sentence and within 15 more
days petition the Lord Proprietary or his Lieutenant to examine or
appoint someone to examine the sentence of the Commissary. This
law was renewed by acts passed in 1692,²³ 1699,²⁴ and 1715²⁵ which
contained substantially the same provisions, but did vary in detail.

²² Arch. Md., VII, 195.

²³ Ibid., XIII, 430.
²¹ Ibid., XXII, 533.
²⁵ Ibid., XXX. 331.