JURISDICTIONS OF POWER: THE COLONIAL-ERA MARYLAND JURY

Abstract

This thesis argues that juries in colonial Maryland utilized legal mechanisms to advance democratic ideals, in opposition to proprietary state structures. Through examination of Provincial Court and county court records, it suggests the trial jury served as an avenue for expression of political power. Over time these mechanisms became less impactful, but the presence of these trans-Atlantic legal processes enhanced the authority of all jurors, specifically through jury nullification and law-finding, in a time when the applicability of these mechanisms was contested. This thesis considers how jury nullification and jury law-finding shaped the status of individuals in the colonial political hierarchy, and argues for a reconsideration of the capacity of the colonial populace to utilize the legal system to effect political change.