County upon the summoning of the inhabitants together for the election of Burgesses
do at the same time take their several votes under their own hands in writing to the
end it may be seen and known from them distinctly and severally, where they do think
is the most convenient place in the County to hold courts, a due return whereof he is
to make to this Board with all convenient speed.7
Courthouse at Dividing Creek
Whether this referendum was ever taken is not known; however, three months later, the
Council reversed itself and ordered that the new courthouse "be out of hand finished and that
the courts be there held and kept." Nevertheless, the opponents of the Dividing Creek site
continued their agitation, whereupon the Governor proposed, on May 1, 1696, that the county
be divided into two parts so that all would be pleased.8 Since this was a distasteful alternative
for everyone in the county, peace was soon reestablished. The Dividing Creek site was ac-
cepted. According to Torrence, the exact site "is a lot of ground on the north side of the
Pocomoke River and west side of Dividing Creek, very near where the Creek enters the River
..... about two miles east of the highway from Princess Anne to Pocomoke City, Maryland."9
Here court met until Worcester County was formed from Somerset, when the county seat was
removed to Princess Anne. That this courthouse was functioning and in good order in 1697 is
indicated by this report of a legislative committee of that date: "Somersett County has a very
good Court house with a brick chimney no ordinary is kept therein, and the Records are Kept
now att the Clerks Lodgeings."10
First Courthouse at Princess Anne
The act which provided for the division of Somerset County in order to create Worcester
County also ordered the removal of the Somerset courthouse from Dividing Creek to Princess
Anne.11 The old courthouse and the county land on which it stood was to be sold and the pro-
ceeds divided equally between the Commissioners for building the courthouse at Princess Anne
and those authorized to build the first courthouse for Worcester County. For the new court-
house, a levy of £1,000 current money was authorized and the commissioners were empowered
to fix on a likely piece of ground, to buy it if the price proved to be reasonable, otherwise to
condemn it. The latter course proved necessary. A lot on the northeast corner of Main and
Broad Streets was selected, an inquisition held and the land was appraised January 3,
1742/3.12 Apparently this record served in lieu of a deed, for no formal conveyance is to be
found. The court held its first session at Princess Anne in November 1742, as the act dividing
the county had ordered, and it met in temporary quarters until the completion of the new
courthouse which occurred in June 1747.
None of the earlier writers has mentioned the name of the builder. However, we can
be certain of his identity because of a Court Order of June 1747 :
WHEREAS a Certain Henry Ballard of Somerset County Gentleman had under-
taken to build a Court house at Princess Anne Town in and for the County aforesaid,
and foras much as it appears to the Court here that the said Henry Ballard had built
the said Court house, and had Comply'd with the articles and plan for building of the
Same in Every Respect, as on his part Ought to be Complyed with, whereupon the
Justices Received the Same Court house of the same Ballard, and it is Ordered by
the Court here That Thomas Hayward Clk of Somerset County Court deliver up unto
the said Ballard the articles and bond he had entered into for building and Com-
pleating of the said Court house which was accordingly done—
AND further it is Ordered that the Clerk of Somerset County aforesaid remove
the Records of the same County out of the press in the Old Court house and Lodge
them in the new in the rooms appointed for that purpose as soon as may be with
Conveniency. 13
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7 Ibid.
8 Arch., of Md.. XIX, 290-91.
9 Op. cit., p. 410, fn. dagger or second footnote.
10Arch. of Md., XXII, 108.
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11 Ch. 19, Acts of 1742.
12 Somerset County Deeds, O-21, pp. 72-78, Ms.
13Judicial Record, l744-1747, Somerset County, p. 305, right
side, Ms.
139
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