INTRODUCTION xliii

make any resistance with force, you shall Levy hue and Cry and pursue them untill they
be taken, you shall do your best endeavour that hue and Cry be duly raised and pursued
against Murtherers theivs and other Felons and fugitive Servants, And the Laws and
Orders against Vagabonds and such other idle persons coming within your Limitts be
duly putt in Execution at your County Courts coming, you shall present all Offences done
against the Severall Acts made for the suppressing of Drunkenness and also true present-
ment make of all bloodsheads, Affrays, Out cries Rescues and other Offences committed
against their Majesties Peace within your Limitts who shall well and truly Execute all
Precepts and Warrants to you directed from the Justices of the Peace of this County or
Higher Officers, And you shall well and truly according to your knowledge, Power and
ability do and Execute all things belonging to the Office of a Constable so long as you
shall continue in this Office so help you God.82

By law the constable was also charged with determining and listing all the taxa-
bles in his hundred; one list was to be furnished the sheriff, another to be pre-
sented to the next county court and there set up. 83

In May 1697, upon representation from Somerset County that "poor men" were
constables "who cannot well attend the said Imploy by reason of such their pov-
erty," the House resolved that the Governor and Council be desired "to direct the
Justices of the severall County Courts to choose able men that are Richer and may
better attend the said office of Constable." However, the governor did not know
how far it might be "legally proper" to excuse poor men from being constables
and apparently no such direction ever issued. 84

VI. CRIMINAL JURISDICTION

The first Nicholson commission, dated April 22, 1696, in the first assignavimus
authorized Thomas Holliday and the seven other justices jointly and severally:

(a) to keep the peace in Prince Georges County;

(b) to keep and to cause to be kept all laws and orders for the good and conserva-
tion of the peace and for the quiet rule and government of the people;

(c) to chastise and punish any offending in said county against the form of the
laws of the province or any of them in accordance with such laws.

The second assignavimus authorized four or more of the commissioners (of
whom a justice of the quorum was always to be one) to inquire by the oaths of good
and lawful men of the county (the grand jury) of all felonies, witchcrafts, enchant-
ments, sorceries, magic art, trespasses, forestallings, engrossings and extortions
whatsoever and of all singular other misdeeds and offences (excepting matters re-
lating to title to land), of which justices of the peace in England might or ought
lawfully to inquire, done or perpetrated in the county against the laws and orders
of the province. This power was subject to the proviso that the commissioners
should not proceed in any such case to take life or members but were to send the
prisoners with their indictments and the whole matter pending before the com-
missioners to next Provincial Court to be tried there.

Lastly, following the grant of jurisdiction in civil actions, the justices were
commanded diligently to attend the keeping of the peace, laws and orders and,

82. 13 MA 516. Kilty, in commenting on the Statute of Winchester (13 Ed. I, St. 2, c.I) stated
that no entry respecting the pursuit of felons by hue and cry had been found in the court records
of the province. Report on English Statutes 214. Note also that the Archbishop of Canterbury
sent to Nicholson, among other books, copies of "A Guide for Constables." Steiner, Some Unpub-
lished Manuscripts from Fulham Palace Relating to Provincial Maryland, 12 MHM 115, 120
(1917).

83. 13 MA 538; 22 id. 514.

84. 19 id. 516, 519, 561.