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Proceedings of the Provincial Court, 1658-1662
Volume 41, Preface 7   View pdf image (33K)
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Letter of Transmission. vii

jemoy in Charles County. He preached there and died about 1683. (Rev. J. W.
McIlwaln's Early Presbyterianism in Maryland. J. H. U. Studies in Historical

and Political Science, 8th Series, 1890, pp. 7 to 9).

Cornwalleys v. Chandler (p. 82) suggests a reference to David M. Newbold's
" Introduction of Equity Jurisdiction in Maryland," which does not refer to
that case, but gives interesting facts as to early Provincial Equity. In May,
1658, on the pages of these records, instead of in the more appropriate Council
volume, appear the appointments of sheriffs (p. 86) and of County Com-
missioners and Justices (p. 87), as well as the document establishing Charles
County (p. 87). So too the appointment of a constable of St. Michael's
hundred is noted (p. 91).

The Court was peripatetic, going on circuit and sitting at Governor Fendall's
house on the Wicomico River in April, 1658 (p. 51), when a four-day session
was held. After this session, as was usual, depositions and titles of suits
docketed were entered upon the records, until the next session of court came.
On July 20, the Court crossed the Bay (p. 105) and met at Thomas Bradnox's
house on Kent Island. The proceedings of this session are found only in the
Kent County Records. Another session was to have been held in September,
but was postponed (p. 127) and finally convened at St. Leonard's in Calvert
County on October 5. A man was convicted of charging too much for strong
drink (p. 139) and was dismissed upon his good behaviour. Rev. Francis
Fitzherbert was accused of sedition (p. 144) and of threatening excommuni-
cation against Thomas Gerard, because he did not bring his family to church.

On the second day of the Session, Rev. William Wilkinson, an Anglican
Clergyman (p. 150), was also arraigned for having performed a bigamous
marriage. A curious case of medical malpractice was tried. The mysterious
word used to describe the remedy prescribed by Captain Waring for Adam
Stavely's leg (p. 164) may have been guiacum, often spelled in olden times
gyacum, gwakum or giaticum, formerly much esteemed as an alterative and
stimulant; much used in chronic rheumatism. The nuncupative will of
Benjamin Gill took up much attention (p. 169). The recent "troubles" in
the Province come before us incidentally (pp. 177-178). The most of the
actions are brought in contract, being actions of debt or of trespass on the
case which had not yet developed into the more modern action of assumpsit.
Captain Thomas Cornwalleys was a frequent plaintiff. The court registered
earmarks for cattle and acted as a probate court. Wills and inventories are
often filed here. In the inventory of Robert Parr's estate, on page 135, we find
Dowglas or Dowlas and Locram sheets. The N. E. D. informs us that both
were kinds of coarse linen which took their names from Doulas and Locronan
in Brittany. A five, in the same inventory, is a wedge-shaped tool used for


 

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Proceedings of the Provincial Court, 1658-1662
Volume 41, Preface 7   View pdf image (33K)
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