USA > Maryland > Chronicles of colonial Maryland, with illustrations > Part 11
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I20
COLONIAL MARYLAND
The jurisdiction of the County Courts was concurrent with the Provincial Court until 1692, when they were given an exclusive jurisdiction in civil cases to the extent of 1500 1bs. of tobacco and cask,1 which in 1714, was increased to £20 sterling, or 5000 1bs. of tobacco, and their concurrent jurisdic- tion extended to £100 sterling or 30,000 lbs. of tobacco.2 But they could not hold plea where the debt or damage did not exceed 600 1bs. of tobacco or 50 s. currency, those cases being determined exclusively by a single magistrate, from whom an appeal would lie to the County Court, where the amount involved exceeded 33 s. 4 p. or 400 lbs. of tobacco.3 In 1773 they were given exclusive jurisdiction in all civil cases in which they before had jurisdiction and concurrent jurisdiction with the Provincial Court in all other cases. The same act gave them jurisdiction, concurrently with the Provincial Court, in all criminal matters whatsoever.4
King George and him will defend to the utmost of my powers agt all Traitors Conspiracies and attempts whatsoever w he shall be made agt his pson cron & Dignity and I will do my utmost endeavour to disclose & make known to his matic & succrs all treasons and traitorous Conspir- aces wch I shall know to be agt him or any of them and I do faithfully promise to the utmost of my power to support maintain and defend the succession of ye Crow agt him ye L James and all other pson whatsoever which succession by an act intittled an act for the further Limitacon of the Crown and better securing ye rights and Liberties of the subjects is and stands limited to the Princess Sophia Electress and Duchess Dow- ager of Hanover and the heirs of her body being protestants & all these things I do Plainly and sincerely acknowledge and swear accord- ing to the Express words by me spoken and according to the plain and common sence and understanding of the same words without any equivocation mentall evasion or secret reservasion whatsoever & I do make this Recognition acknoleagment abjuracon renonciacon & prom- ise heartily, willingly and truly upon the true faith of a christian, so help me God.
I do likewise Declare that I Do believe that there is not any tran- substantiation in the Sacrament of the Lords Supper or in the Elements of Bread and Wine at or after the Consecration thereof by any per- son whatsoever." Taken from Charles County Court Records, Liber, 32, 1729-33, folio 3.
1 Archives (Ass. Pro. 1692) p. 447.
3 Act, 1763, C. 21.
2 Act, 1714, C. 4.
4 Act, 1773, C. I.
I21
THE JUDICIAL SYSTEM
The County Courts also had jurisdiction, concurrent with the Provincial Court, in all matters testamentary within their respective Counties until 1673, when the Prerogative Court was established, which however, still left them with jurisdic- tion over guardians and orphans, and of the estates of orphans, with full power to protect the latter from waste or loss.1 It was especially incumbent upon them to see that orphans were educated, and if their estates were insufficient to admit of this, they were to be apprenticed. The June term was known as the "orphan's term," at which it was made the duty of the Court to ascertain whether orphans were being maintained and educated according to their estates, and whether apprentices were being taught their trade and properly treated, and to cor- rect any misconduct or dereliction of duty on the part of the guardians or those with whom the apprentices were placed.2
In 1773 the County Court were given jurisdiction in equity, concurrently with the Court of Chancery, in actions not exceeding £20 sterling or 5,000 lbs. of tobacco.3
From the judgment of the County Courts, an appeal would lie to the Provincial Court. At first the right of appeal was without limitations, but in 1692 it was restricted to causes in which the debt or damages amounted to not less than 1,200 ibs. of tobacco,4 which, in 1713, was made equivalent to £6 sterling.“
Upon this footing the County Courts remained until the revolution, after which they were reorganized and the several Counties laid off into districts to be presided over by a "Chief
1 Archives (Ass. Pro. 1654) p. 354; Ibid, 1663, p. 493.
2 Act, 1715, C. 39.
3 Act, 1763, C. 22.
Either as a matter of practice or by rule of court, persons were prohibited from suing out writs when plaintiffs, and appearing and confessing judgment when defendants, except through an attorney. This being represented to the General Assembly "as a great grievance" an Act was passed making it "lawful for all persons within the Province to order out process in their own names without any titling from an attorney"; and also that they should have the right "to appear and imparle till next court, or to confess judgment to any action" brought against them .- Act, 1716, C. 20.
4 Archives (Ass. Pro. 1692) p. 444. 5 Act, 1713, C. 4.
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COLONIAL MARYLAND
Judge, learned in the law, and two associates of integrity, experience and knowledge,"1 and thus they became merged into the more comprehensive tribunals known as the County Court of a specified judicial district, and subsequently as the Circuit Court of a specified judicial circuit.
It is recorded that the first Court held on the Eastern Shore of Maryland-the one erected for Kent in 1637-was a Court Leet, but the commission® by which the Justices of that court were named, and its jurisdiction defined, indicates that it was not a manorial Court Leet, but was a tribunal similar to the County Court as subsequently erected.
That Manorial Courts, however, had practical existence in early Maryland, has been incontestably established4 and the discovery of the valuable and unique records of St. Clement's Manor, not only show the method of holding them, but also the scope and character of their jurisdiction. This record, which is carefully preserved in the Maryland Historical Society, and which is believed to be the only one of its kind extant, though heretofore published, is here reproduced in the following note:"
1 Act, 1790, C. 23.
2 Bozman, p. 39, note.
3 Archives (Cl. Pro.) p. 62.
' See Johnson's interesting monograph "Old Maryland Manors."
5
RECORDS OF THE
COURT LEET AND COURT BARON
OF ST. CLEMENT'S MANOR, 1659-72.
ST. CLEMENTS
A Court Leet & Court Baron of Thomas Gerard Esqr
MANOUR SS there held on Thursday the xxviith of October 1659 by Jno Ryves gent Steward there.
CONSTABLE: Richard ffoster Sworne.
RESIANTS: Arthur Delahay: Robte Cooper. Seth Tinsley: Willm at Robte Coles: Jno Gee Jnº Green Benjamin Hamon Jnº Mattant.
FFREHOLDRS: Robte Sly gent: Willm Barton gent: Robte Cole: Luke Gardiner: Barthollomew Phillips: Christopher Carnall: Jnº Norman: Jno Goldsmith.
LEASEHOLDERS: Thomas Jackson: Rowland Mace: Jnº Shankes: Richard ffoster: Samuell Harris: John Mansell: Edward Turner: ffrancis Sutton with Jnº Tennison.
123
THE JUDICIAL SYSTEM
Considering the large revenues that accrued to the lord of manor from the manorial courts, and the dignity incident to the exercise of the judicial powers attached to them, it may
JURY AND ) Jnº Mansell
HOMAGES ) Bartholl: Phillips Jnº Shankes Jnº Gee Edward Turner
Sworne
Seth Tinsley
Jnº Tennison Jnº Goldsmith Jnº Mattant Sam: Harris Jnº Norman xofer Carnall
Sworne
ORDT AGT SAM: Wee the aboue named Jurors doe prsent to the Court HARRIS that wee finde how about the 3d day of octobr 1659 that: Jmprimis wee prsent that about the 3d of October 1659 that Samuell Harris broke the peace wth a Stick and that there was bloudshed comitted by Samuell Harris on the body of John Mansell for wch hee is fined 401 tob wch is remitted de gratia dni. .
Wee doe find that Samuell Harris hath a license fro' the Gou'nor & wee conceive him not fitt to be prsented.
ORDR AGT ROBTE Jtem wee prsent Robert Cole for marking one of the COLE Lord of the Mannors hoggs for wch hee is fined 20001 Tobco affered to 10001.
Jtem wee prsent Luke Gardyner for catching two wild hoggs & not restouring the one halfe to the Lord of the Mannor whch he ought to haue done & for his contempt therein is fined 20001 Tobco affered to 2001 of Tobco.
Jtem wee prsent that Cove Mace about Easter last 1659 came to the house of John Shancks one of the Lord of the Mannors tenants being bloudy & said that Robin Coox & his wife were both vpon him & the said John Shancks desired John Gee to goe wth him to Clove Maces house & when they the sd John Shancks & John Gee came to the said Cloves his house in the night & knocked att the dore asking how they did what they replyed then the sd John Shancks & John Gee haue forgotten But the sd John Shancks asked her to come to her husband & shee replyed that hee had abused Robin & her and the said John Shancks gott her consent to come the next morning & Robin vp to bee freinds wth her husband & as John Shancks taketh shee fell downe on her knees to be freinds wth her sd husband but hee would not bee freinds wth her but the next night following they were freinds and Bartholomew Phillipps saith that shee related before that her husband threatened to beate her & said if hee did shee would cutt his throat or poyson him or make him away & said if ever Jo: Hart should come in agayne shee would gett John to bee revenged on him & beate him & hee heared the said William Asiter say tht shee dranke healths to the Confusion of her husband and said she would shooe her horse round & hee the said Bartholomew Phillips heard the said Robin
124
COLONIAL MARYLAND
be safely assumed that they were held where ever the right to do so existed, and where conditions suited ; though they ap- pear to have given away to the early County Courts at a com- paratively early date.
say if ever hee left the house Cloves should never goe wth a whole face. Jt is ordered that this businesse bee transferred to the nex County Cort according to Law.
Also wee present John Mansell fore entertayning Beniamyn Hamon & Cybill his wife as Jnmates Jt is therefore ordered that the sd Man- sell doe either remove his Jnmate or give security to save the pish (parish) harmless by the next Cort vnder payne of 10001 Tobcor.
Also we prsent Samuell Harris for the same and the same order is on him that is on John Mansell.
Also wee present the Freeholders that have made default in their appearing to forfeit 1001 Tobco a Deice.
Wee doe further prsent that our Bounds are at this prsent unpfect & very obscure. Wherefore wth the consent of the Lord of the Mannor Wee doe order that every man's land shall bee bounded marked and layed out betweene this & the next Cort by the present Jury wth the assistance of the Lord vpon payne of 2001 Tobco for every man that shall make default.
ST. CLEMENTS
At a Court Leet & Cort Baron of Thomas Gerard
MANNOR sst Esqr there held on thursday the 26th of Aprill 1660 by John Ryves Steward there
CONSTABLE Richard ffoster.
RESIANTS Robert Cowx William Roswell John Gee John Green Beniamin Hamon.
FREEHOLDERS: Robert Sly gent Will'm Barton gent Robt Cole Luke Gardiner Christopher Carnall John Norman John Goldsmith.
LEASEHOLDERS Thom's Jackson Richard ffoster Samuell Norris John Mansfeild Edward Turner John Shancks Arthur Delahy Clove Mace John Tennison.
JURY AND ¿ Christopher Carnall
Richard Smith
HOMAGE S John Tennison
John Norman
John Gee John Love
Edward Turner
George Harris
Beniamin Hamon
Willm Roswell
John Greene
Walter Bartlett
Wee the above named Jurors doe prsent to the Cort Luke Gardiner for not doeing his Fealty to the Lord of the Mannor. Jt is ordered therefore that he is fined 10001 of Tobcoe.
Wee prsent fower Jndians, vizt
for breakinge into the Lord of the Mannors orchard whereof three
125
THE JUDICIAL SYSTEM
Before the Manorial Courts-the Court Leet and Court Baron-controversies between the residents of the manor and all important business relating to the manor, were determined.
The Court Leet, was the court of the people. The steward of the manor presided, and the jury and officers were chosen from the residents of the manor, the attendance of all of whom,
them were taken & one ran away & they are fyned 20 arms length of Roneoke.
We prsent also two Jndian boys for being taken wth hoggs flesh & running away fro' it & they are fined 40 arms length.
Wee prsent also a Cheptico Jndian for entringe into Edward Turners house & stealinge a shirt fro' thence & hee is fined 20 arms length if he can be knowne.
Wee prsent also Wickocomacoe Jndians for takeinge away Christo- topher Carnalls Cannowe fro' his landing & they are fyned 20 arms length if they bee found.
Wee prsent also the King of Cheptico for killing a wild sow & took her piggs & raysed a stock of thefn referred to the hoble Gounor.
Wee concieve that Indians ought not to keepe hoggs for vnder prtence of them they may destroy 'all the hoggs belonginge to the Mannor & therefore they ought to bee warned now to destroy them else to bee fyned att the next Court Referred to the hoble the Gou'nor.
We reduce Luke Gardiners fyne to 501 of Tobcoe.
Wee am'ce the fower Jndians to 50 arms Length of Roneoke & the Jndian that had his gun taken fro' him to bee restored agayne to the owner thereof
The Indian boys wee am'ce 40 arms Length of Roneoke as they are above am'ced.
Wee am'ce the Cheptico Jndian for stealing Edward Turners shirt to 20 arms length of Roneoke.
Wee am'ce also Wickocomacoe Jndians for takeinge away Christo- pher Carnalls Cannowe to 20 arms Length of Roneoke.
Memorand that John Mansfeild sonne of Mansfeild deceased came into this Co-
- did atturne tent to the Lord of this Mannor.
ST CLEMENTS A Court Leet & Court Baron of Thomas Gerrard esquire MANNOR there held on Wednesday the Three & Twentieth of October 1661. by Thomas Mannyng Gent Steward there for this tyme BAILIFF William Barton Gent.
CONSTABLE Raphael Haywood Gent
RESIANTS Mr Edmond Hanson George Bankes ffrancis Bellowes Tho: James John Gee Michaell Abbott.
FFREEHOLDERS Robt Sly Gent Will Barton Gent Luke Gardiner Gent, absent Robt. Cole Gent. Raphael Haywood Gent Bartho Phillips Gent.
I26
COLONIAL MARYLAND
between the ages of twelve and sixty was required. It had jurisdiction over the police regulations of the manor, and offenses of a criminal nature, except those punishable with loss of life or limb, among them "such as have double measure, buy by the great and sell by the less ; such as haunt taverns and. no man knoweth whereon they do live; such as sleep by day and watch by night, and fare well and have nothing." It
JURY Rich: ffoster Edward Conoray Edward Runsdall John Shankes John Knape Gerett Brenson
-
Robt Cole
Bartho Philips
Edward Conovay
Edward Ransdell
Gerett Brenton
JURY AND
Clobe Mace
HOMAGE
Edmond Hanson
Clove Mace Robt Cooper Arthur De La huy John Tenison
Robt Cooper
Arthur De La hay
Wm Rosewell
Tho; James Mich. James
[Several leaves of the record missing]
The Court adiorned till two of the Clocke in the afternoone. John Gee and Rich. foster sworne
The Jury presents that Bartho: Phillips his Landes not marked and Bounded Round
The Jury Likewise present that the Land belonging to Robt Cooper and Gerett Breden is not marked and bounded Round.
The Jury Presents Robt Cooper for Cutting of sedge on St Clements Jsland and fowling wthout Licence for wch he is Amerced 101 of Tob. Affered to 101 of Tob.
The Jury Present that Edward Conoray while he was Rich fosters servant did by accident worray or Lugg wth doggs on of the Ld of the mannors Hoggs and at another tyme Edward Conoray going to shoot at ducks the dog did Run at somebodys Hoggs but we know not whose they were and did Lugg them for wch the Jury doe Amerce Rich: ffoster 501 of Tob. Affered to 201 of Tob
The Jury presents Mr Luke Gardiner for not appearing at the Lords Court Leet if he had sufficient warning
ST CLEMENTS A Court Leet of Thomas Gerard Esqr. there held on
MANNOR SS Thursday the eighth day of September 1670. by James Gaylard gent steward there.
ESSOINES: Benjamin Salley gent James Edmonds Richd Vpgate Capt Peter Lefebur these are essoined by reason they are sick and cannot attend to their suit.
127
THE JUDICIAL SYSTEM
also exercised supervision over the trade on the manor, "fixed the price of bread and ale," and enforced its game laws and ordinances against the sale of impure food. It could not punish by imprisonment, but could impose fines, all of which went to the lord of the manor.
FFREEHOLDERS: Justinian Gerard gent, Robte Sly gent, Thom Notley gent, Capt Luke Gardiner, Benjamin Salley gent, Robert Cole, Bar- thollomew Phillipps, Jnº Bullock Wm Watts, James Edmonds, Richard Vpgate, Simon Rider, Jnº Tenison, Richd ffoster, Edward Connory, Jnº Shankes, Jnº Blackiston.
LEASEHOLDERS: Robte Cowper Capt Peter Lefebur, Henry Shadock, Richd Saunderson Jnº Hoskins, Thomas Catline.
RESIANTS: Richd Marsh, Joseph ffowler Roger Dwiggin Thom Casey, Jnº Saunders, Henry Porter, ffrancis Mondeford Wm Simpson Wm Georges George B-es Wm West, Wm Cheshire, Jnº Paler, Robte ffarrer George Keith, Joshua Lee James Green, Thom oakely, Jnº Turner, Maunce Miles, Jnº Dash Wm ffelstead Jno Chauntry:
JURY Richd ffoster
Jnº Tenison Edward Connory Robte Cowper Thom Cattline Wm Watts
Sworne
Jnº Bullock Thom oakely Jno Paler
Sworne
BAYLIFF Jnº Shankes & Sworne.
PRESENTMTS: Wee prsent that Barthollomew Phillips his land was not layd out according to order of Court formerly made wherefore he is fined one hundred pounds of tobacco & caske unto the Lord.
We prsent John Tenison for suffering his horse to destroy John Blakiston's Corne field.
We prsent that Jnº Stanley and Henry Neale killed three marked hogs vpon the Lords Manor wch Capt Gardiner received wch hogs were not of Capt Gardiner's proper marke which is transferred to the next Provinciall Court, there to be determined according to the Law of the Province.
We prsent that Edward Connery killed or caused to be killed five wild hogs vpon the Lords Manor this was done by the Lords order and Liscense.
We prsent that the Lord of the Mannor hath not provided a paire of stocks, pillory, and Ducking Stoole Ordered that these Jnstrumts of Justice be provided by the next Court by a generall contribution throughout the Manor
We prsent That Edward Convery's land is not bounded in
We prsent that Thomas Rives hath fallen five or sixe timber trees
Jnº Blackiston Jnº Stanley
Richd Saunderson
I28
COLONIAL MARYLAND
The pillory, ducking-stool, and stocks were the usual instruments of punishment. It would also make by-laws for the government of the manor, and elected the manor bailiffs, constables, assessors, and ale-tasters.
The Court Baron was the court of the freeholders, the jury being selected from that class exclusively, and before it were tried all matters in dispute between the lord of the manor and his tenants, as well as all questions of title, trespass, and debt, between the tenants, and all other matters of a civil nature, relating to the general welfare of the manor.
vpon Richard ffosters land within this Manor referred till view may be had of Rives his Lease
We prsent That Robert Cowper's land is not bounded according to a former order for which he is fined 1001 tobco.
We prsent that Jnº Blackiston hunted Jnº Tenisons horses out of the sd Blackistons corne field fence which fence is proved to be insuffi- cient by the oathes of Jnº Hoskins and Daniell White.
We prsent Richard ffoster to be Constable for this Manor for the yeare ensuing who is sworne accordingly.
We prsent that Jnº Bullocks land is not bounded.
We prsent Mr Thomas Notley, Mr Justinian Gerard & Capt Luke Gardiner, ffreeholders of this Manor: for not a appearing to do their suit at the Lords Court wherefore they are amerced each man 501 of tobacco to the Lord.
.. Jt is ordered That every mans land wthin this Mannor whose bounds are vncertein be layd out before the next Cort in prsence of the great- est part of this Jury according to their severall Grants vnder penalty of 1001 tobco for every one that shall make default.
AFFEIR Thomas Catline
Willm Watts" Sworne.
ST CLEMENTS } A Court Leet & Court Baron of Thomas Gerard MANOR 'S ss Esqr there held on Monday the 28th of October 1672 by James Gaylard gent Steward there, ESSONIES
FFREEHOLDERS. Justinian Gerard gent Gerard Sly gent Thomas Notley gent Benjamine Sally gent Capt Luke Gardiner Robte Cole Bartholo- mew Philips Jnº Bullock. Wm Watts James Edmonds Richard Vpgate Simon Rider John Tennison Richard ffoster Edward Connory Jnº Shankes Jnº Blackiston Thomas Jourdaine.
LEASEHOLDERS Capt Peter Lefebur Henry Shaddock Richard Saunderson Jno Hoskins Thomas Catline.
RESIANTS Joseph ffowler Roger Dwiggin Henry Porter Wm Simpson William Georges Wm West Wm Cheshire Jnº Paler Joshua Lee Maurice
129
THE JUDICIAL SYSTEM
The extinction of Manorial Courts in Maryland, it has been suggested, was due to the introduction of slavery, with whom manors could be made more profitable than with tenants, and with whom the system of private jurisdiction was no longer necessary.
"The Court Baron and Court Leet, having served their term were cast aside. If they played no great part in the his-
Miles Jno Dash Wm ffelstead Richard Chillman Robte Samson Henry Awsbury Jnº Hammilton Wm Wilkinson Abraham Combes Willm Harrison Jno Rosewell Vincent Mansfeild Edward Williams Marma- duke Simson Nicholas Smith Humphry Willey James Traske Derby Dollovan Jnº Vpgate Thomas Rives Michaell Williams Jnº Sprigg Charles Rookes ffrancis Knott Richard Hart Willm Polfe Thomas Attaway James Green Jnº Ball Thomas Liddiard Edward Bradbourne Jnº Suttle Jnº Lee Jnº Barefoot ffrancis Wood.
JURY W'm Watts
Jno Bullock r
Jnº Tennison
Thom oakly
Jnº Rosewel!
Thom Jorden
Jnº Stanly
Sworne
Jnº Hoskins Jnº Paler Vincent Mansfeild
Sworne
Richard Saunderson
ffrancis Knott
Edward Bradbourne complaineth agt Jnº Tennison that he unjustly deteineth from him 2001 tobco to the contrary whereof the sd Tennison having in this Coart taken his oath the sd Bradbourne is nonsuited.
We prsent Jno Dash for keeping hoggs & cattle upon this Mannor for whch he is fined 10001 tobco.
We prsent Henry Poulter for keeping of hoggs to the annoyance of the lord of the Manor. Ordered that he remove them within 12 days under paine of 4001 tobco & cask.
We prsent the sd Henry Poulter for keeping a Mare & foale upon this Manor to the annoyance of Jnº Stanly ordered that he remove the sd mare & foale wthin 12 daies vnder paine of 4001 of tobco & caske
We prsent Joshua Lee for injuring Jnº Hoskins his hoggs by setting his doggs on them & tearing their eares & other hurts for which he is fined 1001 of tobco & caske.
We prsent Humphry Willy for keeping a tipling house & selling his drink without a License at unlawfull rates for wch he is fined according to act of assembly in that case made & provided
We prsent Derby Dollovan for committing an Affray and Shedding blood in the house of the sd Humphry Willy Ordered that the sd Dolo- van give suretys for the peace.
We prsent- Wm Simpson for bringing hoggs into this Manor for which he is fined 31 of tobco And ordered that he remove them in 10 days vnder paine of 3001 of tobco & caske
130
COLONIAL MARYLAND
tory of the State, they are interesting as an extinct species. * * * connecting the life of the present with the life of the past."1
The Prerogative Court was the court for the probate of wills and for the administration of all matters testamentary. Until 1673, these were within the jurisdiction, concurrently, of the Provincial Court and the County Courts, but in that year Baltimore created the office of Commissary General, "for
We prsent Robte Samson & Henry Awsbury for selling drinke ad unlawful rates for which they are each of them fined according to Act of Assembly.
We prsent Simon Rider for keeping an under tenant contrary to the tenor of his Deed referred till view may be had of the sd Deed.
We prsent that Raphaell Haywood hath aliened his ffreehold to Simon Rider upon wch alienacon there is a reliefe due to the lord.
We prsent an alienacon from James Edmonds to Thomas Oakely upon wch there is a Reliefe due to the lord and Oakely hath sworne fealty.
We prsent that upon the death of Mr Robte Sly there is a Releief due to the lord & that. Mr Gerard Slye is his next heire who hath sworne fealty accordingly.
We prsent an alienacon from Thomas Catline to Anne Vpgate.
We prsent that upon the death of Richard Vpgate there is a Releife due to the lord & [Annie] Vpgate his relict is next heire.
We prsent Mr Nehemiah Blackiston tenant to the land formerly in possession of Robert Cowper Mr Blackiston hath sworne fealty accord- ingly.
We prsent an alienacon from Wm Barton to Benjamine Sally gent upon wch there is a Releife due to the lord & Mr Sally hath sworne fealty to the lord.
We prsent an alienacon from Richard ffoster of pt of his ffreehold to Jnº Blackiston upon which there is a Releife due to the lord
We prsent a Stray horse taken upon this Manor and delivered to the lord
We prsent Robte Cole for not making his appearance at this Court for which he is amerced 101 of tobco affeired to 61 of tobco.
We prsent Edward ---- nder to be Constable for this yeare ensuing Sworne accordingly.
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