State Statutes Adopting the Common Law of England
Soon after declaring independence from England, the various former colonies — now emerging states — passed statutes adopting most of the common law of England. They then began independently adding to this common law. Below are sample reception statutes from some of the states.
State Statutes Adopting the Common Law of England
Soon after declaring independence from England, the various former colonies — now emerging states — passed statutes adopting most of the common law of England. They then began independently adding to this common law. Below are sample reception statutes from some of the states.
State Statutes Adopting the Common Law of England
Soon after declaring independence from England, the various former colonies — now emerging states — passed statutes adopting most of the common law of England. They then began independently adding to this common law. Below are sample reception statutes from some of the states.
Reception Statute of Virginia (1776)
“And be it further ordained, That the common law of England, all statutes or acts of Parliament made in aid of the common law prior to the fourth year of the reign of King James the first, and which are of a general nature, not local to that kingdom, together with the several acts of the General Assembly of this colony now in force, so far as the same may consist with several ordinances, declarations, and resolutions of the General Convention, shall be the rule of decision, and shall be considered as in full force, until the same shall be altered by the legislative power of this colony.”
Reception Statute of Virginia (1776)
“And be it further ordained, That the common law of England, all statutes or acts of Parliament made in aid of the common law prior to the fourth year of the reign of King James the first, and which are of a general nature, not local to that kingdom, together with the several acts of the General Assembly of this colony now in force, so far as the same may consist with several ordinances, declarations, and resolutions of the General Convention, shall be the rule of decision, and shall be considered as in full force, until the same shall be altered by the legislative power of this colony.”
Reception Statute of Virginia (1776)
“And be it further ordained, That the common law of England, all statutes or acts of Parliament made in aid of the common law prior to the fourth year of the reign of King James the first, and which are of a general nature, not local to that kingdom, together with the several acts of the General Assembly of this colony now in force, so far as the same may consist with several ordinances, declarations, and resolutions of the General Convention, shall be the rule of decision, and shall be considered as in full force, until the same shall be altered by the legislative power of this colony.”
Reception Provision of the Delaware Constitution, art. 25 (1776)
“The common law of England, as well as so much of the statute law as has been heretofore adopted in practice in this state, shall remain in force unless they shall be altered by a future law of the Legislature, such parts only excepted as are repugnant to the rights and privileges contained in this Constitution and the declaration of rights, &c., agreed by this convention.”
Reception Provision of the Delaware Constitution, art. 25 (1776)
“The common law of England, as well as so much of the statute law as has been heretofore adopted in practice in this state, shall remain in force unless they shall be altered by a future law of the Legislature, such parts only excepted as are repugnant to the rights and privileges contained in this Constitution and the declaration of rights, &c., agreed by this convention.”
Reception Provision of the Delaware Constitution, art. 25 (1776)
“The common law of England, as well as so much of the statute law as has been heretofore adopted in practice in this state, shall remain in force unless they shall be altered by a future law of the Legislature, such parts only excepted as are repugnant to the rights and privileges contained in this Constitution and the declaration of rights, &c., agreed by this convention.”
Reception statute of Pennsylvania (1777)
“( 1.) Each and every one of the laws or acts of general assembly, that were in force and binding on the inhabitants of the said province on the l4th day of May last, shall be in force and binding on the inhabitants of this state, from and after the 10th day of February next, as fully and effectually, to all intents and purposes, as if the said laws, and each of them, had been made or enacted by this general assembly . . . and the common law and such of the statute laws of England, as have heretofore been in force in the said province, except as hereafter excepted. (2.) Provided always, that so much of every law or act of general assembly of the province aforesaid, . . . as declares, orders, directs or commands any matter or thing repugnant to, against, or inconsistent with the constitution of this commonwealth, is hereby declared not to be revived, but shall be null and void, and of no force or effect; and so much of the statute laws of England aforesaid relating to felonies, as takes notice of or relates to treason or misprision of treason, or directs the style of the process in any case whatsoever, shall be, and is hereby declared, of no force or effect, anything herein contained to the contrary notwithstanding.”
Reception statute of Pennsylvania (1777)
“( 1.) Each and every one of the laws or acts of general assembly, that were in force and binding on the inhabitants of the said province on the l4th day of May last, shall be in force and binding on the inhabitants of this state, from and after the 10th day of February next, as fully and effectually, to all intents and purposes, as if the said laws, and each of them, had been made or enacted by this general assembly . . . and the common law and such of the statute laws of England, as have heretofore been in force in the said province, except as hereafter excepted. (2.) Provided always, that so much of every law or act of general assembly of the province aforesaid, . . . as declares, orders, directs or commands any matter or thing repugnant to, against, or inconsistent with the constitution of this commonwealth, is hereby declared not to be revived, but shall be null and void, and of no force or effect; and so much of the statute laws of England aforesaid relating to felonies, as takes notice of or relates to treason or misprision of treason, or directs the style of the process in any case whatsoever, shall be, and is hereby declared, of no force or effect, anything herein contained to the contrary notwithstanding.”
Reception statute of Pennsylvania (1777)
“( 1.) Each and every one of the laws or acts of general assembly, that were in force and binding on the inhabitants of the said province on the l4th day of May last, shall be in force and binding on the inhabitants of this state, from and after the 10th day of February next, as fully and effectually, to all intents and purposes, as if the said laws, and each of them, had been made or enacted by this general assembly . . . and the common law and such of the statute laws of England, as have heretofore been in force in the said province, except as hereafter excepted. (2.) Provided always, that so much of every law or act of general assembly of the province aforesaid, . . . as declares, orders, directs or commands any matter or thing repugnant to, against, or inconsistent with the constitution of this commonwealth, is hereby declared not to be revived, but shall be null and void, and of no force or effect; and so much of the statute laws of England aforesaid relating to felonies, as takes notice of or relates to treason or misprision of treason, or directs the style of the process in any case whatsoever, shall be, and is hereby declared, of no force or effect, anything herein contained to the contrary notwithstanding.”
Reception Statute of New York (1786)
(based on article 35 of NY Constitution, 1777)
“Whereas by the Constitution of this state it is declared that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the Legislature of the colony of New York, as together did form the law of the said colony, on [19 April 1775] (except such parts thereof as are by the said Constitution abrogated) shall be and continue the law of this state; subject to such alterations and provisions as the Legislature of this state shall, from time to time, make concerning the same. And whereas such of the said statutes as have been generally supposed to extend to the late colony and to this state, are contained in a great number of volumes [a commission is established to gather together and put before the legislature the appropriate statutes].”
Reception Statute of New York (1786)
(based on article 35 of NY Constitution, 1777)
“Whereas by the Constitution of this state it is declared that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the Legislature of the colony of New York, as together did form the law of the said colony, on [19 April 1775] (except such parts thereof as are by the said Constitution abrogated) shall be and continue the law of this state; subject to such alterations and provisions as the Legislature of this state shall, from time to time, make concerning the same. And whereas such of the said statutes as have been generally supposed to extend to the late colony and to this state, are contained in a great number of volumes [a commission is established to gather together and put before the legislature the appropriate statutes].”
Reception Statute of New York (1786)
(based on article 35 of NY Constitution, 1777)
“Whereas by the Constitution of this state it is declared that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the Legislature of the colony of New York, as together did form the law of the said colony, on [19 April 1775] (except such parts thereof as are by the said Constitution abrogated) shall be and continue the law of this state; subject to such alterations and provisions as the Legislature of this state shall, from time to time, make concerning the same. And whereas such of the said statutes as have been generally supposed to extend to the late colony and to this state, are contained in a great number of volumes [a commission is established to gather together and put before the legislature the appropriate statutes].”
Reception Statute of North Carolina (1778)
“All such parts of the common law as were heretofore in force and use within this State, or so much of the common law as is not destructive of, or repugnant to, or inconsistent with, the freedom and independence of this State and the form of government therein established, and which has not been otherwise provided for in whole or in part, not abrogated, repealed, or become obsolete, are hereby declared to be in full force within this State.”
Reception Statute of North Carolina (1778)
“All such parts of the common law as were heretofore in force and use within this State, or so much of the common law as is not destructive of, or repugnant to, or inconsistent with, the freedom and independence of this State and the form of government therein established, and which has not been otherwise provided for in whole or in part, not abrogated, repealed, or become obsolete, are hereby declared to be in full force within this State.”
Reception Statute of North Carolina (1778)
“All such parts of the common law as were heretofore in force and use within this State, or so much of the common law as is not destructive of, or repugnant to, or inconsistent with, the freedom and independence of this State and the form of government therein established, and which has not been otherwise provided for in whole or in part, not abrogated, repealed, or become obsolete, are hereby declared to be in full force within this State.”
Reception Provision of Massachusetts Constitution, ch. 6, art. 6 (1780)
“All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.”
Reception Provision of Massachusetts Constitution, ch. 6, art. 6 (1780)
“All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.”
Reception Provision of Massachusetts Constitution, ch. 6, art. 6 (1780)
“All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.”