| Volume 57, Preface 20 View pdf image (33K) |
xx Introduction.
King Cannot be Molested nor Sued for his informacon be it right or wrong”.
The court not deeming the answer sufficient, overruled the demurrer and post-
poned further action until the next court to give Staple fort an opportunity to
prove his charges, and ordered him to be placed in the custody of the sheriff
until he could give security for his appearance at that time. At the June
court, however, Staplefort openly acknowledged that he had falsely and
maliciously scandalized the plaintiff and declared “that lie was sorry for the
same and asked forgiveness” of the plaintiff, and the court “thereupon thought
fitt to binde the deft to his good behaviour, for that the plt is one of his
lOps Commrs of Calvert County” (pp. 65-67, 110, 111). Sprigg was awarded
4,500 pounds of tobacco as damages (pp. 113, 114).
Cases in which Staplefort figured seemed destined to lead to trouble. At
the June, 1668, court Henry Coursey, a justice of that body, represented to
the court that when a suit between Cuthbert Witham of London and Jonathan
Sibrey of Wye River, Talbot County, was being heard, Witham had menda-
ciously and basely circulated reports that he had heard Coursey had taken
10,000 pounds of tobacco from Sibrey to look out for his business against
Witham. Coursey asked an inquiry by the court, not only because his own
honor, but that of the court, was at stake, and hoped that if he were found
guilty the severest punishments that the law allowed would be meted out
to him, but if not guilty, he might have such reparations as the law afforded.
In open court Witham then “nominated” Raymond Staplefort as the author
of the accusation. When Staplefort denied the authorship, but refused to
divulge the author, the court ordered that unless he disclosed his authority, he
himself would be adjudged the inventor of it, and committed him to the custody
of the sheriff until he revealed the author. Two days after the court adjourned
Staplefort filed a deposition to the effect that he had heard a certain Anthony
Calloway say that he did suppose Mr. Henry Coursey had 10,000 pounds of
tobacco for assisting Sibrey in his business against Witham (pp. 318-319).
Here the matter seems to have been dropped. Why Jonathan Sibrey should
have been brought before the June, 1668, court by “a writ of Contempt of
Obedience” is not disclosed by the record, although this may well have been
in connection with the preceding case; but “after much debate” he was
adjudged not guilty and ordered to swear to the truth of his answer in open
court (p. 298).
The attorneys of the Provincial Court were as jealous of their honor and
dignity as the justices themselves. John Morecroft, who had but recently been
sworn in as an attorney, sued his former indentured servant William Champ
for defamation at the October, 1666, court. Champ, now a freeman, had
been employed by Morecroft, who practiced both as a physician and a lawyer,
“in the Art & Mistery of Physick as his servant by Indenture”. Champ, it
appeared, had called his former master “a Cheating old Knave”, and, repre-
sented by William Calvert and Daniel Jenifer, his attorneys, did not retract
what he had said, but denied that the words were actionable, as they were
spoken before Morecroft had been sworn as attorney, and the court so held
(pp. 119, 122, 126). That Jenifer also had to defend his honor at the same
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| Volume 57, Preface 20 View pdf image (33K) |
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