Volume 195, Page 51 View pdf image (33K) |
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515] The English Statutes in Maryland. 51 title " The Right of the Inhabitants of Maryland to the Ben- efit of the English Laws." If to books, as to people, unique- ness and old age lend a certain charm, this little volume— one of the earliest printed books of Maryland—is, on this score, remarkable. An advertisement of it in the Maryland Gazette during 1729 indicates that it must have had some cir- culation through the Province. However this may be, only one copy, to the present writer's knowledge, now survives." But, besides this rarity, the subject-matter of the volume and the method of treatment make it very desirable to print the whole text as a supplement to this paper. In view of this, only a brief outline of its argument need be given here. The author begins with a reference to the " pretty warm contest " that has been going on over the English laws, statute. and common, and undertakes to prove the right of the inhabi- tants of Maryland to these English laws; first, on the ground of a common English citizenship, and secondly, on the basis of the rights granted in the charter. After a classification of the English law into the common and the statute laws, and a description of the sources or component parts of each. he asserts that this law of England is the subject's birthright and best inheritance. In support of this is adduced the authority of Lord Coke, the speech of William Creswell before the House of Commons in 1627, and the resolutions of March. 1628. If, then, all English citizens enjoy the English laws, the Marylanders are English citizens and hence must share their privileges. In rather eloquent words Dulany describes the difficulties which the first settlers met and overcame. Now, " This one imprint is among the Calvert Papers in the possession of the Maryland Historical Society, which has kindly consented to the reproduction of it in connection with this paper. Personal search, or information furnished from the librarians, indicates that no copies are to be found in the Bodleian. the British Museum, the Library of Congress, the Harvard University, the Boston Public, the New York Public, the John Carter Brown, the Pennsylvania Historical Society, the American Philosophical So- ciety and the Virginia Historical Society libraries: nor is the book mentioned in Sabin's Dictionary of Works Relating to America, nor in Haven's List of Ante-Revolutionary Publications. |
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Volume 195, Page 51 View pdf image (33K) |
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