INTRODUCTION xxv

controversies, some of which are among the subjects of litigation here
recorded.

With the increase of population and wealth toward the end of the
seventeenth century, the lawyers increased in number, and more frequently
men with the training of the Inns of Court were added to the bar. Among
those who participated in the proceedings of the Court of Appeals now pub-
lished, Henry Jowles was, as has been stated, of Gray's Inn, and Charles
Carroll, first of that name in the province, had entered the Inner Temple
in 168%. He was a Roman Catholic, had served for a time during the reign
of James II as a clerk in the office of Lord Powis, and had emigrated shortly
before the English Revolution. William Bladen, clerk of the court from 1698
to 1707, attorney general and holder of many other offices before his death
in 1718, was of the Inner Temple; Daniel Dulany, the elder, of Gray's Inn;
Wornell Hunt, of Lincoln's Inn; Michael Howard, of Gray's Inn; Edmund
Jenings, of the Middle Temple; Thomas Macnemara and Michael Macne-
mara, of Gray's Inn; and George Plater, 2d, of the Inner Temple.¹ Of
these, Dulany was probably the strongest lawyer and a man of greater
depth of intellectual soil than other men in the province during the early
eighteenth century. He and Thomas Bordley figure so prominently in this
record that some further information about them may be desirable.

Dulany was born in Ireland, and was a cousin of Dr. Patrick Delany, the
friend of Dean Swift.² This Daniel Dulany himself spelled the name
Delany until he reached his twenty-fifth year. He attended Trinity College,
Dublin, made the venture to the province in 1703, and after a few years'
study of the law under George Plater, a leading lawyer, was admitted to the
bar of Charles County in 1709, and to that of Prince George's County in
1710. In 1717, he entered Gray's Inn, from Prince George's County, Mary-
land. After his return to the province he filled in turn the offices of vestry-
man, alderman, and recorder of Annapolis, clerk of the lower house, com-
missary general of the prerogative court, judge of the vice-admiralty court,
agent and receiver of the proprietary, attorney general and councillor. He
is chiefly known now as author in 1728 of a pamphlet on The Rights of In-
habitants of Maryland to the Benefit of the English Laws,³ and as the father
of Daniel Dulany, the younger, (1721-1797) ^wno is celebrated in Maryland
as the ablest of the provincial lawyers, or as his contemporaries in the prov-
ince thought, the ablest on the continent. Whether the son was actually
abler than his father cannot now be judged because of lack of surviving
material for comparison. Written opinions and other papers of the younger

1 Dulany, the two Macnemaras, and Plater had gone from Maryland to enter the Inns,
Dulany and Thomas Macnemara after having been admitted to practice in the province.

² Richard Henry Spencer, " Hon. Daniel Dulany, 1685-1753, (the Elder)," Maryland
Hist. Mag., XIII, 20 et seq.

s Only one copy of the original, in the possession of the Maryland Historical Society, is
known to have survived. Reprinted, Johns Hopkins Studies in Hist. & Pol. Science, ser. ai,
no. 6, 11, and la.