79.      See Morgan, supra note 63, at 71-79, for a description of the problems of the Jamestown,
Virginia settlers who failed to plant subsistence crops and depended on trade with the
indians for survival.

80.       Alan F. Day, "Lawyers in Colonial Maryland, 1660-1715," 17 Am. J. L. Hist. 145 (1973).

81.       Id. See also C. Ashley Ellefson, "The County Courts and Provincial Court of Maryland
1633-1763," (PhD. Thesis, Md.)

82.       Early international treatise writers defended slavery as a product of war in which the

vanquished owed their life to the victor who spared them. From this it was reasoned that
the children of a slave owed their existence to the victor who spared their parent. This is
a weak argument once it is granted that there is a duty not to take life unnecessarily.
Further, it does not even apply to justify all the incidents of capture and enslavement in
Africa which were undertaken solely to reduce persons to slavery. Nevertheless, it
provided a framework for the legal incidents of the institution even if the propriety of the
particular enslavement was questionable.

83.       For example, the 1662 statute on servants that have bastards noted that no prior law

provided who was liable for damages to the master. It supplied the gap by stating that the
mother must pay by servitude unless she proves the identity of the father. I Maryland
Archives 441-2.

84.       See Alpert, supra note 64, at 197.

85.      United States Bureau of the Census, supra note 45 at 756 (1960). Accurate statistics are
hard to achieve for this period. See Russell Menard, "The Maryland Slave Population,"
supra note 52.

86.       See Menard, supra.

87.       Land, supra note 13, at 72.

88.       John D. Krugler, To Live Like Princes (1976) containing the transcribed text and

reproduction in facsimile of Wintour's "A Short Treatise sett downe in a letter written by
R.W. to his worthy friend C.J.R. Concerning the New Plantation Now Erecting under the
Right Noble the Lord Baltemore in Maryland." Wintour wrote the treatise in 1635,
emigrating himself in 1637. He died in 1638 as noted supra note 49.

89.      I Calvert Papers 249, reprinted in Donnan, supra note 30, at 9.

90.      Richard S. Dunn, "Masters, Servants and Slaves in the Colonial Chesapeake and the
Caribbean," in Quinn, supra note 5 at 242.

91.       Donnan, supra note 30, at 22: Calendar of State Papers. Colonial 1708-1709 pp. 150-51.

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