| Volume 53, Preface 17 View pdf image (33K) |
Early Maryland County Courts. xvii
now extant, except those of Charles County, which help to bridge over this
gap. That Fendall had completely repudiated the Proprietary is shown by an
entry at the September 1660: session of the Charles County Court of a writ
issued against Henry Lillie upon suspicion of felony, which runs, not in the
name of the Proprietary, Cecilius Calvert, but in the name of “his Majesty”
(pp. 93-94), an action in Maryland treasonable to the Lord Proprietary.
Despite the fact that following the restoration of Charles II in 1660 the Gov
ernor had issued a general amnesty proclamation, reports were circulated that
the followers of Feridall in Charles County would be prosecuted. A certain
John Tompkinson was called before the county court at its February 12, 1660/1
session, for “reproachful words” in having circulated the story that “thear
wear fiftie men to bee hanged “ at the next Provincial Court. It developed that
the story traced its origin to certain Virginians then in Maryland, who declared
it had been told them by Richard Trew of Charles County, who was forth
with arrested and put under bond (pp. 107-108, 113).
During the period of the civil wars when the Proprietary's power was in
abeyance, the county courts themselves seem to have exercised considerable
control over their own members. In 1652, at the August 12, court, Capt. Rob
ert Vaughan, Commander of the Isle of Kent, and as such the chief judge of
the Kent County Court, was twice fined by his recent colleagues for “oppro
bious” epithets, and for bending his fist over the heads of the justices, and for
swearing at the clerks, doubtless a political outburst, as he had recently been
displaced from office. (Arch. Md. liv, 9.) The Council then ordered an investi
gation of his “divers misdemeanors and abuses in the execution of his Office”
(Arch. Md. iii, 276-277), but things seem to have been smoothed over by an
apology which he made in court on April 1, 1653, when the fines were remitted
(Arch. Md. liv, 15, 16). Thomas Bradnox, a member of the Kent court, was
fined in 1659 for drunkenness and profanity at his own tobacco house (Arch.
Md. liv, 178). Even after Proprietary control was restored, at the March 1663
session this same court suspended Thomas Hynson, Jr. for a year and a day
because he was reported to have committed fornication with a girl whom he had
later married (Arch. Md. liv, 366, 371). Some time after Hynson resumed his
seat on the court he brought suit for defamation against James Ringgold, one
of his fellow justices, for constant taunting references to his “offence “, and
received Ringgold's apology in open court (Arch. Md. liv, 367). In another
instance a member of the court, Thomas Baker, under grave suspicion as a hog-
stealer, disappears from the bench in the summer of 1662 (pp. 234-239). No
less important a personage than Joseph Wickes of Kent, was suspended from
the Kent County Court from February 2 until November 2, 1657, on account
of the rumors, spread by Thomas Ringgold, of Wickes' relations with a
Virginia girl (Arch. Md. liv, 38, 78, 84, 85, 113, 121, 127). The court exer
cised authority over its own members under an act of the Assembly, and absen
tees from its sessions were occasionally rather heavily fined. In January 1666/7
the Somerset County Court promulgated certain rules of court procedure.
After ordering the acquisition of land and the erection of a court house, the
court ruled that any justice leaving the bench without permission be fined 10
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| Volume 53, Preface 17 View pdf image (33K) |
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