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Proceedings of the Provincial Court, 1658-1662
Volume 41, Preface 6   View pdf image (33K)
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vi Letter of Transmission.

remarkably complete, we lack any store of private or family papers. The

nearest approach to any such papers, so as to give an insight into " the real
inner life " of the people, is probably to be found in these Court Proceedings.

The first paragraph in the text, dating from 1655, should have been included
in volume X, but was overlooked by Dr. Browne, the editor.

On December.29, 1657, there was held at Patuxent a session of Court before
the Puritan Parliamentary Commissioners. Estates of deceased persons, and
the freedom of indentured servants came before the Court. The qualification
of attorneys was considered (p. 10) and a case of bastardy was instituted
(p. 14). On January 30, 1657/8 and on February 16, 1657/8 Provincial
Courts were again held, five or six commissioners sitting. Between sessions of
the Court, depositions are frequently spread upon the records for security and
they make dates rather confusing. Powers of attorney are also spread on the
records from time to time (e. g., p. 36) as are earmarks of cattle.

The first records of the Court under Governor Fendall, after the restoration
of the Province to the Proprietary, begin a new manuscript volume and the
first entry is made on March 25, New Year's day 1658, Old Style. A will is
soon filed which is not named in Baldwin's Calendar (p. 43) and many suits
for debt are instituted. It is interesting to note that reference is made to the
County of Calverton (p. 38). We do not know where the first session was
held, but that of April 26 was summoned for St. Leonard's in Calvert
County (p. 38) and was held " at the Governor's house in Wicomico River."
Suits concerning the ownership of cattle are of some interest and proceedings
concerning Captain Lewis' estate take up some space. There is little change
in the Proceedings of the Court, except possibly a little more formality than
under Parliamentary Commissioners, and there are few references to the
judicial acts of those Commissioners. Sketches of the life of Cuthbert Fen-
wick (p. 57) and of his widow, Mrs. Jane Eltonhead Fenwick, are to be
found in the recently published " Life of Rt. Rev. Edward Dominic Fenwick "
by Rev. V. F. O'Daniel. The summons for the Assembly of 1658 was entered
in this volume (p. 61) instead of on the Council Records. On April 27, there
is a (p. 66) reminiscence of the Severn fight. Several juries are impanelled
at this session, while only one was found in the earlier pages. A suit between
a husband and wife is instituted (p. 51). A woman pleads as attorney in fact
for her husband (p. 73). Thomas Cornwalleys sues for the non-delivery of
two Indian youths as servants (p. 82). The sheriff claims fees for hanging
John Dandy (p. 82). After the adjournment of the court, among the affidavits
filed is one by James Veitch, which seems to point to the existence of a Presby-
terian congregation. Rev. Matthew Doughty (p. 84) was a brother-in-law of
Governor Stone and, after coming to Maryland, lived for many years at Nan-


 

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Proceedings of the Provincial Court, 1658-1662
Volume 41, Preface 6   View pdf image (33K)
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