xxiv PRINCE GEORGES COUNTY

Justices

The April 22, 1696 commission from Governor Nicholson designated as justices
or commissioners Thomas Holliday, William Hutchison, William Barton, John
White, Robert Bradley, William Tannyhill, David Small and Robert Tyler, the
first four being of the quorum. Hutchison was dismissed from office in October 1696
for contempt of an order of the Council; the remaining justices were directed "to
Officiate at present by the old Commission." 6 A second commission from Nichol-
son, dated June 4, 1697, named as commissioners (ten instead of eight) five of the
former commissioners—Holliday, Barton, White, Bradley and Tyler who were of
the quorum—and five new ones—John Smith, John Hawkins, Robert Wade, Sam-
uel Magruder and Thomas Sprigg. The new commission issued after several justices
in the first commission had been returned to the Council as "unqualified to Act now
in that Station by reason of the late Act of Parliament"——presumably 7 and 8
William III, c.22, s.12, providing that all places of trust in the courts of law should
be in the hands of native-born subjects of England, Ireland or the plantations. 7
An August 7, 1699 commission from Governor Blakiston, successor to Nicholson,
increasing the number to eleven, continued Holliday, White, Bradley, Tyler,
Hawkins, Wade, Magruder and Sprigg as commissioners, returned William Hutchi-
son and William Tannyhill to the bench, and added James Stoddart. Holliday,
Hutchison, White, Bradley and Tyler were of the quorum. 8

Before taking their place on the bench the justices were required to take the oaths
appointed by act of Parliament (sometimes referred to as the oaths of allegiance
and abhorrence) instead of the oaths of allegiance and supremacy, to take the oath
of a justice of the peace, and to subscribe to the Test.

The oaths appointed by act of Parliament instead of the oaths of allegiance and
supremacy, as they appear in the Council records, took the following form: 9

I. A:B: do Sincerely promise and swear that I will be faithful to his Majesty King
William the Third etc.

So help me God etc.

I. A:B: do swear that I do from my heart abhorr, detest and abjure as impious and
hereticall, that damnable doctrine and position that Princes excommunicated or de-
prived by the Pope or any Authority of the Sea [See] of Rome may be deposed or Mur-
dered by their subjects or any other power.

And I do declare that no Forraign Prince person, prelate State or Potentate hath or

6. Infra 1-2; 20 MA 516. The order in which the justices were named in the commission
was some recognition of status and at times a sensitive matter. In November 1694 in Baltimore
County Court George Ashman refused to sit because Edward Boothby, a "vagrant person",
was nominated before him and John Hall refused because, although late sheriff, he was
nominated last in the commission. Both were presented and writs of scire facias issued to show
cause why they should not take the oath of a justice of the peace. In February 1694/5 the Governor
and Council ordered that they be bound over to answer at the next Provincial Court for
their contempt. Ashman thereupon made submission and was allowed to sit. John Ferry and
Thomas Hammond, also named in the commission, were fined for not appearing, being lawfully
summoned. BCCP, Liber G, No. 1 (1693-9G) 325, 328-29, 336, 363, 396, 437; 20 MA 225. When
Boothby was later appointed to the Provincial Court, the grand jury petitioned the governor that
he not be removed as a justice in Baltimore County. BCCP, Liber G, No, 1, 503, 528. The justices
of the quorum were sometimes termed "Gentlemen of the Quorum", as opposed to "Gentlemen
Justices." 23 MA 128-29.

7. Infra 186-87; 23 MA 110.

8. Infra 519-20.

9. 20 MA 390. See An act for the Abrogating the Oaths of Supremacy and Allegiance, and
Appointing other Oaths. 1 Wm. and Mary, Sess. 1, c. 8, and Kilty's comment thereon. Report
on English Statutes 178. For "the Association" (infra 520) see 7 and 8 Wm. III, c. 27.