| Volume 49, Preface 17 View pdf image (33K) |
Letter of Transmittal. xxi
was tried and found guilty of manslaughter. He craved the “ benefit of clergy,”
and upon demonstrating to the court that he could read from the Book, he was
branded in the right hand and released. The court then issued an order that
each county should be equipped with branding irons (pages 10-17). The arrest
of Captain Samuel Tilghman was ordered at the March, 1663, court, because
he had spoken contemptuously of Lord Baltimore and His Lordship's govern
ment (page 18). This Samuel Tilghman, a cousin german of Dr. Richard
Tilghman, who in 1668 founded in Maryland the distinguished family of this
name, had been commissioned in 1658 “Admiral of the Maryland Fleet,” and had
doubtless been identified with the Parliamentary or anti-Proprietary faction. An
early instance of property left for the endowment of a school in Maryland is
brought out in connection with a dispute which arose in the settlement of the
estate of a certain Edward Lotton, who left property to be used for this purpose,
“or for other pious uses.” Ralph Crouch, a schoolmaster, who was one of the
executors of Cotton's will, had returned to England and was represented before
the court by a Jesuit priest, Francis Fitzherbert, as his attorney. The case was
heard February 3, 1663, and several months later a decision was rendered
favorable to Crouch as executor (pages 19-23, 135).
A number of admirality cases came before the Provincial Court, sitting
in its capacity as a Court of Admiralty, among the offices conferred upon
the Governor by the Proprietary being that of High Admiral of the Province.
Sitting May 8, 1663, as a Court of Admiralty, the justices of the Provincial
Court heard a case involving the violation of the English Navigation Act by
Joseph Winslow, master of the ship Content of Boston, who had failed
to give bond before loading his vessel with tobacco in the Patuxent River. The
ship was ordered forfeited to the Lord Proprietary (pages 23-24). We find
the court sitting in February, 1663, in an admiralty case of considerable inter
est. The ship St. George of Bantry, Ireland, had been sold by Dutch owners
to a group of purchasers, who were residents of Bantry. The ship was seized
as a prize at the Barbadoes and brought to Maryland. The seizure seems to have
been made on the ground that she was a Dutch ship violating the British Naviga
tion Act. Suit was brought by the Irish owners to recover possession, and a
number of interesting depositions were filed in reference to the ownership of
both the ship and cargo. While action in the case was pending a letter was
received from Lord Baltimore directing the Governor and Council to drop the
case and to release the ship and its cargo to its Irish owners, in which Baltimore
describes the owners as “ Coll George Walters a prson of quality and my noble
ffriend, and others his Partners” (pages 138, 148-154).
At the 1664 and 1665 sessions of the court the ownership of another vessel
was brought into question. A frigate called the Expedition, David Anderson,
master, had been owned by two partners, Henry Goodrick and Henry Hudson.
Goodrick had sold his interest to a certain William Carver of Elizabeth River,
Virginia, and it appears that Hudson had assented to the sale, but had not signed
a release of his title. Carver then chartered the ship to a certain Isaac Bedlow of
New York, and somewhat later, Hudson brought suit in New York for posses
sion of the vessel, and was referred to the Maryland courts. He then brought
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| Volume 49, Preface 17 View pdf image (33K) |
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