INTRODUCTION lxv

As noted earlier, on April 15, 1698 there was produced and read before the
Council a presentment by the grand jury of the Provincial Court of the justices,
the sheriff and the clerk of Prince Georges County for levying and receiving more
tobacco of the inhabitants than by law empowered. As noted earlier, this present-
ment stemmed from certain allowances made to the sheriff and the clerk in the levy.
On September 2, 1698 the Council read a petition from the justices in which they
submitted themselves and prayed that a nolle prosequi might be entered upon the
prosecution against them. The crown lawyers advising that the governor might
order a nolle prosequi to be entered and that "the Law will oblidge the Sheriff
and Clark of the County to refund the Tobacco so to them allowed," it was ac-
cordingly ordered that a nolle prosequi be entered. 8

In this connection it should be noted that a "humble Address" sent by the House
of Delegates to the governor in March 1698 in the Cranford matter complained,
in part, as follows:

The Justices of the severall County Courts have been arrested and by strict and un-
usual means compelled to make theire appearance att Annapolis, as grievous offenders
when in truth their faults if any were very Small, and pardonable to the lessening the
esteem due to theire offices, and to theire great damage and Expences, and in like manner
have the Vestrymen of Severall parishes been dealt with all upon very slight occasions
to theire greate loss and hinderance.9

To this address the following reply was made:

As to what you represent as gievances that Severall of the Justices and Vestrymen of the
Severall countyes have been arrested etc: his Excellency wants to know theire names so
that if any of them have been dealt with contrary to Law, care should be taken that they
have right and Justice done them.

But it is hoped you don't imagine that a Justice of peace or a vestryman is not lyable
to the law as you would seem to Insinuate.

You may remember his Excellency told you att the beginning of the sessions that he
had and would endeavour to supporte the Creditt and reputation of all those who were
in Imploy under his Majestys here with all the power he had, provided they behaved
themselves well, and if there be any thing wanting that is reasonable in answring your
address concerning them his Excellency will be willing to pass any law or ordinance to
that effect... some of the Justices have allowed themselves and others Tobacco out of the
publick contrary to Law Viz. St. Mary's, Calvert, Prince Georges, Dorchester and Som-
mersett Countyes as by Coppyes of the said County Leavyes herewith sent may appear. 10

In November 1698 the House of Delegates in an address to the governor re-
quested, among other things, that "your Excellency receive into your Speciall pro-
tection all such Gentlemen as for no reward Serve his Majesty in the office of Justice
of peace and other offices and not Suffer them to be harrast and troubled upon
obsolete Laws or otherwise unjustly and nothing materiall proved Against them." 11
To this the governor made the following reply:

In your 4th Article you desire that the Governor would receive into his Protection the
Justices of Peace as those that serve his Majesty for no reward and you seem by this to
Intimate that the Justices are all out lawed for all other persons are under his Majestys
protection and his Excellency has never restrained that protection either to Justices or
othiers so long as they Carried themselves in Dutifull Obedience to his Majesty and his

8. 23 MA 416, 513.

9. 22 id. 35, 87, 109.

10. 22 id. 56, 140-41. See also 22 id. 106.

11. 22 id. 179,237,243.