INTRODUCTION lxxiii

jury, whenever summoned, such act concerned with waste and also one of the
above acts (that of 1692) dealing with probate and administration. The commis-
sioners were also to hold a court in June of each year solely and wholly to put into
execution the matters in such acts. However, in 1699 the limitation on the business
of the June court was dropped and the commissioners were merely obligated to
give in charge to the "orphan jury" in June certain statutory provisions with respect
to waste. The extent to which these several statutory injunctions were followed
does not appear from the Liber, except that it is apparent that the limitation on
the June court was not adhered to. 5 One presentment concerning an orphan's
estate appears at the June 1697 court. 6

In order to determine what lands had been given to the use of any church or
chapel, and not confirmed by any deed of gift or grant, a 1697 act authorized the
next grand jury in each county to have in charge to inquire by what titles the lands
upon which the churches or chapels stood in their respective parishes were held
and to render an account thereof to the county court. 7

The Liber shows grand juries summoned in June, August and November, 1696;
January and March, 1696/7; June, September (summoned upon motion of the
clerk of the indictments) and November, 1697; March, 1697/8; June, August
(summoned upon court's own motion), and November, 1698; March, June and
August, 1699.

Presentments

While law enforcement centered around the grand jury presentment it was
recognized that process in criminal matters might issue upon special order of the
court. An ordinance of the Assembly of May 20, 1695 provided that the clerks of
the indictments of the several county courts should have 200 pounds of tobacco
of "criminals" in those cases in which the grand jury found a true bill. For "lucre
of fees" venires were then issued before any presentment of the grand jury or any
order of the court so that various subjects were unjustly troubled and molested
upon very trivial and slight complaints to the several clerks of the indictments. In
order to prevent this evil it was enacted by means of a 1697/8 law that no summons
or other process for any criminal matter or misdemeanor should issue out of any
courts of the province against any person whatsoever without a presentment first
found against such person by the grand jury unless by special order of the court.
This provision was reenacted in 1699. 8

As we have seen, in only one instance was an information used in a criminal pro-
ceeding. At the March, 1697/8 court the clerk of the indictments exhibited a "cer-
taine bill of Information" against John Stevens for fornication in violation of the
provisions of the Act for the Punishment of Blasphemy, Fornication and Adultery. 9

5. 13 id. 430; 22 id. 533; 13 id. 498. Cf. Lewis v. His Majesty and Lydall where reversal by the
Provincial Court of a June 1695 sentence of the Talbot County Court was urged on the ground,
inter alia, that it was error (coram non judice) to try a criminal at the June Court for Orphans.
PCJ, Liber IL, 119. For some typical presentments by an "Orphan Jury" see KCP, Liber I, 586.

6. Infra 183-84. An oath of the jury for orphans' administration used in Baltimore County read
as follows: "You doe Swear that you will well and truely Enquire into the breach of the Acts
of Assembly Relating to Orphans Estates and a Trew presentment thereof make to this Court.
So helpe you God." BCCP, Liber G, No. 1 (1693-96) 400.

7. 19 MA 592.

8. 38 id. 113; 22 id. 502. The text of the ordinance does not appear in the Assembly records. In
conference on the earlier law it was agreed that instead of the word venire, the words "summons
or any other process" should be inserted, directed to either the sheriff or constable at the discre-
tion of the court. 22 id. 47.

9. Infra 168-69.