| Volume 60, Preface 18 View pdf image (33K) |
xviii Introduction.
seems likely that Gibbon had acted as clerk since his predecessor had gotten
into difficulties about a year before Gibbon's formal appointment in 1672.
Nowhere, however, in the court records do we find him designating himself
as clerk or signing himself as such. He appears as a witness to sundry legal
papers during the years 1671-1674. The testamentary records show that
Gibbon died intestate and that his estate was administered upon November 6,
1674, by Benjamin Rozer. As told in the preceding paragraph, it was at the
November 10, 1674, session, that Henry Bonner received the curiously phrased
appointment as clerk to the justices “for drawing warrants & hues & Cryes &
Mittimus's or any such like businesse”, which undoubtedly meant that he was
made acting clerk, with limited authority and functions, immediately following
Gibbon's death. Gibbon seems to have been a more efficient clerk than Boughton
or Bonner. There are fewer obvious omissions in his entries in the court pro-
ceedings. There seems to be no reason to believe that he was in Maryland
before his appearance in Charles County early in 1671. It seems probable that
lie had recently come over from England with the promise of office, an office
he was destined to hold for less than three years before his death in the
autumn of 1674. He purchased in September, 1673, two small plantations of
150 acres on Portobacco Creek for 6500 pounds of tobacco, which he sold six
months later to Benjamin Rozer for 5600 pounds (pp. 540-4). He doubtless
lived in the town of Port Tobacco.
THE SHERIFF
The sheriff, or high sheriff as he is occasionally called to distinguish him
from an under sheriff or deputy, was an important county official. During
the period covered by this volume the sheriff of each county was chosen
annually by the Governor from three names nominated to him by the justices
of the several county courts. The sheriff received no salary but was paid by
fees, and the office was quite a profitable one. The duties and powers of the
sheriff have been fully discussed by the editor in a previous volume of the
Archives (LIII, xxxix-xl). The sheriff at this period was prohibited by law
from acting as attorney in his own court. One of the justices, Henry Adams,
who had been appointed sheriff April 20, 1665, and sworn in on June 13 (ibid.
572-573), still held office when this record begins. He appointed Samuel Cres-
sey, the attorney, his under sheriff or deputy sheriff. He was succeeded as sheriff
by another justice, Thomas Mathews, who was sworn in at the June, 1666,
court, and appointed Thomas Allanson his under sheriff (pp. 2 1-22). A sheriff
could not sit as a justice. Benjamin Rozer received his appointment as sheriff
April 15, 1667 (Arch. Md. V; 4) and was reappointed April 1, 1668 (ibid.
27). These court records show that he continued to act as sheriff during the
years 1669, 1670, 1671, and early in the year 1672, although no actual record of
his annual appointment after 1668 can be found. Jonathan Marler and Samuel
Cressey appear as under sheriffs in writs dated 1668 in the Rozer period (pp.
105, 139). It may be added that Rozer, who was followed by John Allen in
1672, was reappointed sheriff September 8, 1674, serving in that office until
several years afterwards (Arch. Md. LI; 131, 204). Allen, recently a London
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| Volume 60, Preface 18 View pdf image (33K) |
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