xxxiv                Introduction.

        the left side of his head growing did Cutt off to the deformeing of him the
        said Richard so that amongst the good people of this province he could not
        without disgrace and contempt converse”. The charge in the indictment that
        his assailants “did beate wound and evil entreat him so that of his life he did
        despaire”, and “other enormities to him did then and there do contrary to the
        peace of the Lord Proprietary his rule and dignity”, are doubtless to be taken
        merely as the legal formulae usually found in the phraseology of indictments
        for assault, rather than as the real measure of the injuries suffered by the good
        sheriff. Certainly there must have been extenuating circumstances as a fine of
        only six shillings, eightpence was imposed by the court (p. 453). Whether or
        not Tilghman recovered personal damages the record does not disclose.
          There is also an instance to be found of an assault upon a justice of one of the
        county courts. Hubert Lambert Clump, an Anne Arundel County planter, was
        indicted by the grand jury at the June, 1668, court for an assault upon Thomas
        Besson, one of the justices of Anne Arundel County. The indictment reads
        that Clump “a certain nine pin did lift up with intent to strike” the justice
        and “did pull by the Arm with intent to draw him Over the fence to fight with
        him”, and that Clump further “did resist John Taylor the Constable of the place
             in execution of his Office at that time endeavoring to keepe the Peace”,
        who may have been trying to arrest him. At first Clump pleaded not guilty but
        later changed his plea to guilty, and in. open court “Craved the Clemency of the
        Court”, and asked “Captain Thomas Besson forgiveness”, and gave security
        for his good abearance during the court's pleasure. No damages seem to have
        been awarded to Besson, but Clump was required to pay all the costs in case
        (pp. 309-310).

          Great violence and sword-play marked the fight between Thomas Oakley of
        Charles County and George Thompson of the same county at the house of
        Edmund Lindsey on Oct. 5, 1668. The cause of the affair is not clear, but a
        civil suit for damages, filed after the criminal action had been heard and de-
        termined, gives us details of the fight. Thompson, the clerk of the Charles
        County Court, and described as “gentleman”, had barred himself up in a room
        in Lindsey's house, and when Oakley tried to enter, Thompson declared if he
        came in he would kill him with drawn rapier. Oakley broke in the door and
        when the witnesses entered with a light they found him wounded and Thompson
        holding him in one hand and in the other his naked rapier with hilt downward
        (pp. 427-429). There seems to have been no actual trial on a criminal charge,
        although Thompson was brought before the court at its December, 1668,
        session and bound over to be on his good behaviour; and at the next court held
        in February, 1669, was cleared by proclamation (pp. 362, 381, 414). At the
        June, 1669, court Oakley by his attorney John Morecroft sued Thompson for
        40,000 pounds of tobacco for beating, wounding, and evil handling him, “so
        that his life he did despair and other enormitees to him did doe to the great
        damage of him the said Thomas”, following the usual formula in such damage
        suits. Thompson by his attorney William Bisse “puts himself upon the country”,
        and the jury finding that Thompson had acted in self-defense assessed the costs
        of 740 pounds of tobacco against Oakley (p. 455). The details of the fracas