Volume 65, Preface 41 View pdf image (33K) |
Introduction. xli not more than a hundred pounds of tobacco a month (Archives, LIV, p. 322). In cases coming before the Court, four or five men were admitted in forma pauperis, but that did not necessarily mean real poverty: two or three of them were described as planters. The proceedings of the Provincial Court were much more than a record of cases coming before it or of actions taken by it. Deeds, wills, land transfers, cattle marks, contracts, commissions and appointments to office, oaths taken, warrants and letters of attorney by the tens and dozens, and other kinds of papers not directly related to cases before the Court, appear here, whether they were offered to the Court or only handed to the clerk. The clerk did not mind: he got I6 pounds of tobacco for every side he recorded (Archives, II, pp. 137, 294). If these rather irrelevant papers were put into this record, they were at least permanent. Which is, of course, exactly why they were put here. APPENDIX In the appendix to this volume appear the Provincial Court proceedings from October, 1659, to February, I659/6O. Volume XLI of the Archives contains the Court records from 1658 to 1662, but when it went to press, pages 315-340 were missing from Liber PCR, which is reproduced in volume XLI. Later they were found and restored to their proper place. Although they cover only twenty-three pages (post, pp. 667-689), they are important enough to justify including them here, especially since this volume LXV, like the older one, deals with the Provincial Court. The matter of dating these pages proved trouble some, and it could be done only partly and by a close comparison with the text of the older volume. The last certain date before the gap is October 7, 1659 (Archives, XLI, p. 339). After the opening of the Court on that day, come orders given by it in several cases, records sent up from Calvert and St. Mary's County courts, and depositions in the action brought by Walter Hall against John Pille for withholding two hogsheads of tobacco belonging to Hall. In the midst of that case comes the break (Archives, XLI, p. 343), and the first of the recovered pages are so full of holes that they do not reveal much. The Court, evidently still sitting, considers two cases and decides them, receives a petition which it refers to the General Assembly, and orders an attachment. Then the “Court dissolued by ye Gouernor" with no mention of the date of the dissolution. However, since the Court rarely, if ever, sat longer than four or five days, it was probably October II or possibly October 12. So the recovered pages begin some time between October 7 and October 12, I659. The Gov ernor, Josias Fendall, in dissolving the session “apoynted ye next Provinciall Court to bee held att New Towne on St Maries County on ye last Tuesday in ye month of ffebruary following. (Viz) 28th of ffeb.” 1659/60 (post, p. 670). Yet rather shortly he changed his mind, for a Provincial Court was “holden att ye Resurrection mannor in Caluert County this 12th of Decembr I659” (ibid., p. 6/4). When this December session came to an end is not known, and there is no clear inference: on page 683 post, some one demands of the Court a warrant against his adversary in an action of debt, and it was issued and made returnable “next Prou: Court att New-Towne 28th ffeb. next.” Then |
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Volume 65, Preface 41 View pdf image (33K) |
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