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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 50   View pdf image (33K)
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50 The English Statutes in Maryland. [514
Limitations, 21 Jas.I. ch.16, is noted; then the old conclusion
is urged, to grant the rights of the common law and withhold
that of the statutes would be piecemeal and precarious—
making their statute rights depend on the Lord Proprietor
[with his power of veto].
The concluding argument is a new one, taken from a non
obstante clause in the royal charter. In the paragraph giving
the Proprietor the right to alien lands, and the purchasers
to hold them, in any estate [tenure] that seemed expedient.
" There is an express provision that it shall be lawful so to
do, notwithstanding the Statutes of 18 Edward I, commonly
called Quia Emptores Terrarum, or any other statute, which
we hope sufficiently shows the intent of the prince that made
the grant and the sense of that time. that the general statutes
of England did or at least would (by that grant) extend
here, and that therefore such non obstante was necessary,
which otherwise would have been useless."
With a request for prompt action in this matter, a complaint
against the encroachments of their neighbors upon the Dela-
ware, and a warning against " busy whisperers" who are
trying to create " doubts and misunderstandings betwixt Your
Lordship and your tenants "—by which the clergy probably
are indicated—the address of 1725 comes to an end."
With this address of 1725 we may conclude our detailed
consideration of the Assembly documents, for though several
of a similar type were drawn up, notably the report of the
Committee of Laws in 1728, and the address of 1730. these
dealt more with the wording of the oath and less with the gen-
eral principles. As we have seen in chapter HI. this question
of phraseology was at length compromised, and we also
noticed a similar yielding in the opinion of Yorke in 1729."
In the preceding year. from the press of W. Parks, in
Annapolis, there appeared a small folio pamphlet of some
thirty-one pages, written by Daniel Dulany. and bearing- the
'" Above, p. 36.
" See above, pp. 21, 38-9.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 50   View pdf image (33K)
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