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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