INTRODUCTION Ivii

presented by the grand jury but no entry of trial appears. A similar absence appears
in the case of John Waker presented for living incontinent with Alice Jures. 63

Miscellaneous Offenses

Some miscellaneous offenses appear in the Liber. James Boulton, presented for
failing to report one of his taxables to the constable, pleaded guilty and was fined
according to the applicable act of Assembly. One presentment was made in June
1697 concerning an orphan's estate. Richard Groome, presented for spreading false
reports that civil war had broken out in England, was sentenced to 20 lashes. John
Thickpenny, overseer, presented for not clearing the highways, pleaded that he
had been in the custody of the sheriff for lack of special bail in a civil action and
thus incapable of acting as overseer. The venire facias was accordingly quashed.
Peter Hay, presented for carrying a gun on Sunday with the intent of killing tur-
keys, a violation of the Sabbath, submitted to the court with the excuse that he was
afraid of Indians and was fined 100 pounds of tobacco. At the June 1699 court a
servant, probably a runaway, received 20 lashes but the nature of the offense does
not appear. 64

There are also some scattered entries which do not reflect the nature of the of-
fense. Process to appear to answer complaints is found but the Liber is silent as
to the gravamen of the complaint or the disposition thereof. In several instances
notation is found of the issuance of venire facias but no further entries. 65 John
Davis at a June 1696 sitting was bound in the sum of £20 for his good behavior
but the nature of the offense charged is not apparent. At the September 1699 court
James Watts, bound in a recognizance for good behavior, appeared and was cleared
by proclamation but the offense charged does not appear. 66

VII. CIVIL JURISDICTION

The first Nicholson commission constituted and appointed the commissioners
judges in civil causes with authority to issue out writs, process and attachments,
to hold plea of oyer and terminer in all personal actions not exceeding the sum of
10,000 pounds of tobacco and, after judgment, to award execution in all civil
causes, whether real or personal, according to the laws, orders and reasonable cus-
toms made and provided in the province. The intent of this commission was to
grant jurisdiction in personal actions only; the phrase "all civil causes, whether
real or personal," was apparently carelessly adopted from the proprietary com-
mission used as a model.l The second Nicholson commission conferred the same

63. Infra 326, 350. For the incontinent behavior of Alice Jures and John Snugg, see PGCJ,
Liber B, 27a, 50, 70a-71. In a 1695 case in Kent County Court it was unsuccessfully urged in
arrest of judgment that no law of the province required persons to live continently. KCP, Liber
I, 514.

64. Infra 71, 166 (Boulton); 183-84; 458, 466 (Groome); 458, 484, 497 (Thickpenny); 393,
452, 485 (Hay); 490.

65. Infra 42, 58 (Daniel Buckmaster summoned or subpoenaed to answer complaint of John
\Vaters); 21, 39 (Mary Davis discharged paying her fee); 22, 39 (runaway servant of Walter
Evans); 456 (venire facias for Samuel Williams by order of court); 548 (venire facias for Godfrey
Barnes and Mary Dunhue). For presentments of Barnes for fornication with Mary Dunhue and
Mary Moody see PGCJ, Liber B, 3a-4a (November 1699). For Mary Dunhue's punishment for
bastardizing, as a second offender, see id. 163a.

66. Infra 8, 518, 548.

1. Infra 1-2. For the proprietary model see 15 MA 396-98; Karraker, op. cit. supia, 183-86.
The following entry appears in the Council minutes for Oct. 17, 1694: "Afterwards produced
and Read a County Court Commission and Ordered by Advice that the County Court Commis-
sions be limited to Ten Thousand pound's Tobbacco and that no Action be brought in the
said Courts exceeding the said Summe...." 20 MA 137-38.