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Proceedings of the County Court of Charles County, 1658-1666
Volume 53, Preface 15   View pdf image (33K)
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             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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Proceedings of the County Court of Charles County, 1658-1666
Volume 53, Preface 15   View pdf image (33K)
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