| Volume 53, Preface 64 View pdf image (33K) |
lxiv Maryland Manorial Courts.
The stewards of St. Clement's Manor during these fourteen years were in
succession, John Rives, Thomas Manning, and James Gaylard, all described
as gentlemen. The steward was of course appointed by the lord of the manor.
When the court met it swore the bailiff (p. 634) and the constable (p. 637).
The “jury and homage” seems to have combined the function of a petit and
grand jury, presenting delinquents, fixing fines, or referring cases to a higher
court. In no instance is the lord of the manor mentioned as being present;
possibly this is to be taken for granted. The records of the court, covering as
they do only fourteen manuscript pages, may easily be read through, so need
not be commented upon in much detail. The court also appointed highway
supervisors (p. 634), directed the erection of stocks, pillory, and ducking stool
“by generall contribution” (p. 634), and expelled questionable strangers, prob
ably in the fear that they might become public charges (p. 628). There is no
record of a whipping having been ordered for a delinquent. Acknowledgements
of fealty to the lord were required (pp. 629, 637), as were “reliefs “, or pay
ment of manor dues, by an heir who had come into possesion of a landholding
through the death of a former tenant, or upon the purchase of a manor holding
from another (pp. 636, 637). The court protected the herds of hogs and cattle
owned by the lord (p. 628), and required the payment to him of one-half
the value of wild hogs taken (p. 628), confiscated strays to the lord, and took
cognizance of a tenant who appears to have kept an under-tenant contrary to the
terms of his deed (p. 636). The court also required that land marks be renewed
and fences maintained (pp. 629, 633, 634, 635). Fines were imposed for fowl
ing without a license (p. 633), cutting sedge on manor lands (p. 633), for sell
ing liquor without a license, and charging higher prices for liquors than were
fixed by the Assembly (p. 636). Various minor misdemeanors came before the
court, including an assault by Samuel Harris, who “broke the peace a stick”
so “that there was bloudshed “, and more trivial offences which were punished
by fines (pp. 627, 628, 636). Indians were brought before the court for pil
fering and fined, not in tobacco but in varying lengths of Roanoke; although
when the King of Chaptico stole a sow and her pigs, the matter was of sufficient
gravity to be referred to the Governor, the court recommending that Indians
thereafter should not be allowed to keep hogs on the manor (p. 629-630).
There are a few cases involving difficulties between individuals, such as cutting
another man's timber (p. 634), and damage done to a neighbor's crops by
horses (p. 634). One conveyance of manor lands is recorded. On January 6,
1664, Thomas Gerard conveys 1,000 acres of St. Clement's Manor to his son
in-law, Robert Slye of Bushwood, who had very recently married Gerard's
daughter Susanna, the land to be subject to an annual rental of two barrels of
Indian corn, or twenty shillings of money. This lease recites that the land in
question was part of the St. Clement's Manor granted, July 18, 1652 [1642],
by Gov. Leonard Calvert to Thomas Gerard, containing 6,000 acres (pp. 631,
632).
Although a manorial court was a court of public record, the lord of the
manor was the legal custodian of its records. The manuscript containing the
proceedings of the St. Clement's Manor Court was presented to the Maryland
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| Volume 53, Preface 64 View pdf image (33K) |
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