Volume 53, Preface 15 View pdf image (33K) |
Early Maryland County Courts. xv desired to hold over, but also those of the new members whom he wished to appoint. Although the first named in the commission was the presiding jus tice or Judge, in Kent until the office of Commander was abolished early in 1668, this officer presided. (Arch. Md. liz', 123, 126). Occasionally the Gov ernor added new names by special commission, which made no mention of the others, who remained in office. At first a justice might practice as attorney before his own court, but by the act of the Assembly of 1666 this was pro hibited (Arch. Md. ii, 132). The dignity of the court was rigorously upheld. On several occasions apolo gies were exacted, or fines levied, for contempt of court, not only as shown by disrespectful words or actions in court, but for derogatory expressions made outside of court which might come to its notice. Ordinarily an apology in court was sufficient to satisfy offended dignity. Occasionally a fine was im posed; and in one instance a servant who was heard to tell his master that he “could have his bussiness done [in courti as he plaised for a botle of Drams “, was ordered to have thirty lashes on the bare back well laid on with a whip. (Arch. Md. liv, 416-417). John Cherman of Charles County was fined 10 pounds of tobacco at the June 1660 court for profanity in court (p. 84). A certain John Davis “aboard Capt Garrattson's Ship “, for saying that the Tal bot County Court “had Not Dun him Justice “, was at the March 1669/70 session obliged to apologize “upon his knees” (Arch. Md. liv, 459). At the June, 1673, Talbot County Court, Anthony Mayle, who had just lost his suit, was fined 500 pounds of tobacco for abusive words in court. (Arch. Md. liv, 566.) Thomas Hynson, a prominent citizen of Kent, a short time after the restoration of Charles II was quoted as having referred to the new court house as “his Maiestys Dog hous “. An inquiry was begun and formal depositions were taken, but the court seems to have let the matter drop. (Arch. Md. liv, 197). Other similar instances will be found in these records. The changes in the personnel of the county courts during the twenty-eight year period covered by these records is a reflection of the political changes which took place during this period in England and in Maryland. The period covered by these county court records, from 1648 to 1676, embraced the civil wars in England, the Commonwealth, and the Protectorate, and the Restora tion of Charles II, as well as the greater part of his reign. When the Kent record opens in 1648 the Proprietary government in Maryland had just had time to reestablish itself after the Ingle Rebellion of 1645 and 1646, and Cecilius Calvert had matters well in hand under governors Green and Stone, when in March, 1652, the Commissioners of the Commonwealth under Fuller wrested the government from the representatives of the Proprietary. In 1654 Cromwell was proclaimed Protector, and when in the following year Stone attempted to regain control for the Proprietary, the commissioners resisted and the Battle of the Severn, fought March 25, 1665, resulted in the complete defeat of the forces under Stone and the subjugation of the Province again by the Commis sioners of the Commonwealth. Cecilius Calvert in England had entered into an agreement with the Protector in 1654 under which the Province was to be restored to him, but knowledge of this did not reach Maryland until after the |
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Volume 53, Preface 15 View pdf image (33K) |
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