INTRODUCTION li

[T]o the End a future better observance may be made of all Laws Acts of Assembly
and Orders of my Self and Councill, the Sheriffs are likewise to give Notice to all the
Justices, Vestrymen, Overseers of the high ways and other Officers within their respective
Counties whom any of the Laws of England Acts of Assembly of this Province, or Orders
of Councill do or may more immediately concern that they go to the Clerk of the County
Courts where they live and there peruse the Laws of this Province as also Consult the
Laws of England and likewise take Copy from the Sheriff of what Orders of Councill may
relate to or Concern them to which if they make due and Constant Complyance they need
not fear any molestation or trouble, Otherwise they must expect to be proceeded against
according to Law. 27

A follow-up appeared in the Council minutes for July 1697:

Ordered that Notice be given by the Sheriffs to the Colonell Justices, Vestrys, Clerks
of Indictments County Clerk, Surveyors of the high ways Constables and other Officers
and persons concerned to make any Returns to Orders of Councill or other matters En-
joyned them, that they without faile make due Complyance therein and Consult the Laws
of England and of this Province and Former Orders sent that they may not faile in their
Duty, which said Severall Returns are to be Carefully transmitted unto his Excellency at
the Port of Annapolis immediately after the End of the respective County Courts held
in August next, under pain of prosecution His Excellency being Resolved to Excuse none
for the Future, omitting their Duty; but that they be proceeded against according to
Law.28

From Nicholson's failure to return to the subject, it would seem likely that these
admonitions and threats had some effect upon errant office holders. Or perhaps
the governor had grown weary and disillusioned in his attempts at reform.

Jurisdiction Exercised

The jurisdiction actually exercised by the court during the period 1696-99 as
disclosed by the Liber was much more limited than that conferred by statute or
commission. Probably most important was the jurisdiction exercised over offenses
against the peace such as assault and battery, drunkenness, fighting and swearing.
Some of these, being committed in the presence of the justices, were treated as
contempts of court. Many of the offenses against property involved hog stealing or
the killing of cattle. Most of the sexual offenses involved "bastardizing" by servants;
only one case of fornication appears. Miscellaneous offenses included failing to
report taxables, spreading false rumors, neglecting to clear the highways on the
part of an overseer and profaning the Sabbath.

Offenses Against the Peace

In August 1696 Thomas Wells, presented for beating and abusing Thomas
Swareingen "against his Majesty's peace and good Laws," was found guilty by a
petty jury of a breach of the peace only and fined 5 shillings sterling. Upon the
statement in court of "Severall persons worthy of Creditt" that Wells "hath been
of Ill behavour" the offender was bound in £10 for his good behavior and appear-
ance at the next court. 29 At the January 1697/8 court, upon complaint by Thomas
Lamar that John Gardiner had "much Abused him," the latter was ordered
bound in a recognizance of £10 to be of good behavior and appear at the next court.

27. 23 id. 60-61. Cf. the direction that a new Collector of Rates and Customs at Pocomoke
"apply himself to the Clerk of the County Court for what Laws of this Province may any ways
concern Trade." 23 id. 141.

28. 23 id. 153-54.

29. Infra 15, 26-27.