USA > Maryland > Talbot County > History of Talbot county, Maryland, 1661-1861, Volume II > Part 24
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At the last meeting at York, in the old Court House, a commission from the Queen was read, constituting these gentlemen the Justices for the county :
Matthew Tilghman Warde,
Robert Ungle, Thomas Emerson, Thomas Robins,
James Lloyd, John Dawson, Foster Turbutt, John Bullen,
Vincent Hemsley,
of whom the six first named, or any three of them, constituted a Court of Oyer and Terminer, and the four first named were of the Quorum, without one of whom no Court could be held. These then, were the first Justices of our county as it was limited in 1706-7. Daniel Sherwood was commissioned at the same Court, High Sheriff, with John Sherwood, Philip Sherwood and Charles Ungle, as his Deputies. Robert Finley, who was clerk before the division, continued to be clerk of the Court, and Robt. Goldsborough, as mentioned above, was Prosecutor-clerk of Indictments, or as it is phrased in the record, "who followeth for the Queen."
The Court immediately after the division of the county began to levy tobacco for the purpose of erecting a new Court House and Prison. In Nov. 1707, there appears a levy of 28,926 lbs. for that purpose, and 120 lbs. for timber for the stocks at Oxford; and the following year the sum of 30,000 lbs. was assessed for the new Court House, and 2,400 lbs. to pay the rent of the house the Justices were occupying until the Court House could be built.
It may not be out of place here to say that Oxford, the place selected for holding the Court, was very accessible by water from all parts of the county, and was the most flourishing town within its limits. It was laid out and made a port in 1683, though it had an existence long anterior to that date. In 1694 a re-survey was made and it was again recognized as a port under the name of Williamstadt. There were other acts and supplements to acts passed in 1707-1708-1709, order- ing the town lands to be laid out anew, and though these acts failed to receive the royal assent, the Commissioners did proceed to this duty as though they had been confirmed. It was at this date (1707) again called Oxford. When it was thought that this town would be made the seat of Justice, speculation in town lots was very rife, and a large num-
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HISTORY OF TALBOT COUNTY
ber was taken up for building thereon, showing that human nature was the same two hundred years ago as now. In the hands of the compiler of these annals there is a full account of the several surveys, and of the sale of the lots-an account fortunately preserved by the care of Samuel Chamberlaine the first of the name who settled in Talbot in the year 1714. Our public records are quite silent upon this subject.
The Court seemed so well pleased with the location, that at the November session of 1709, it determined to make Oxford the permanent seat of Justice for the county. In accordance with this determination the Justices entered into a contract with Daniel Sherwood, at that time Sheriff, and Col. Nicholas Lowe who owned the land upon which the town was built for the erection of a building for Court purposes. The following is a copy of the contract:
Itt is agreed between the Justices of this Court and Coll. Nicholas Lowe, together with Mr. Daniel Sherwood, for the building and fur- nishing a Court House at the towne and Port of Oxford, in that county as follows, viz .:
First-That the said House be built fully as large within syde from wall to wall as Queen Anne's county Court House is from the outside of the walls thereof, &c.
2ndly-That this county Court House is to be by them the said Nicholas Lowe & Daniel Sherwood built one foot higher than Queen Anne's county Court House is built.
3rdly-That it be built directly after the same form of Queen Anne's county Court House, except as before is agreed, only that instead of sash windows there is to be wooden shutters for the lower part of the windows, and glass for the upper part of the windows.
4thly-Itt is agreed between the s'd Justices and the said Lowe and Sherwood that the said Court House by them the said Lowe and Sher- wood to be built, is to be as fully compleated and adorned in every re- spect, as Queen Anne's county Court House, is, &c.
And Lastly-Itt is agreed between the said Justices, and the said Coll. Nicholas Lowe and Mr. Daniel Sherwood, that they said Coll. Nich. Lowe and Mr. Danl. Sherwood shall be paid by this county, at the fin- ishing of the said Court House the sum of One Hundred and Twenty Thousand Pounds of Tobacco, &c.
But this contract was never carried into effect; on the contrary the year following, Nov. 21, 1710, it was ordered thus:
That the Court hath appointed to meet at or near Pitte's Bridge, the third Tuesday in January next, then and there to treat with Phile- mon Armstrong, owner of two acres of land at or near the said Bridge, whereon to build a Court House in this county according to act of Assembly, &c. Ordered also by the same court that the sheriff and
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THE COURT HOUSE
surveyor of this county meet them there accordingly in order to run out ye af'd land &c., whereon to build ye s'd Court House, &c.
Accordingly the court did meet at the place and time designated in the above order. Now, Pitt's Bridge near which the Court House was to be placed, and actually was placed, is that bridge to the north of the town, on the Centreville road sometimes called Tan-yard Bridge, near the slaughter houses. It is likely this bridge was longer and larger at the period now referred to, than at the present. It is built over the head of Third Haven creek; now it spans an insignificant stream, but formerly it is said to have been over a navigable water course. Old Mr. Solomon Barrett, a soldier of the Revolution, and the last survivor of that glorious struggle in this county, whom many remember, stated in his life, that within his recollection, oysters used to be brought up to that bridge in boats for sale, and that it was known as Pitt's Bridge, by the residents of the neighborhood. There can be no mistake as to the identification of this bridge as Pitt's Bridge.
The Act of Assembly referred to above, which will be referred to again in subsequent records, was that passed Nov. 4th, 1710, and was entitled "An Act for the building a Court House for Talbot County, at Arm- strong's Old Field, near Pitt's Bridge." In Bacon's abridgment it is stated:
By this act the Justices of Talbot County were impowered to make choice, of two acres of land at or near Pitt's Bridge, at the head of Tread Haven creek, on Philemon Armstrong's Land and the same to purchase by Agreement or Valuation of a Jury, &c. (Bacon's Laws 1710, chap. V.)
There is in the possession of the compiler of these annals a record of the laying out of the county land for the purposes of a Court House, which record is not among those belonging to the county. This record is in the handwriting of Robert Finley, the clerk, and may therefore be regarded as perfectly authentic. For the sake of perpetuating this record, as well as for its intrinsic interest, it is here copied in full:
Talbot sc. Att a Court of our Sovereign Lady Anne, Queen of Great Britain, &c., called and held at the plantation of Philemon Arm- strong near Pitts his Bridge in the said county, by her said Majesty's Commissioners and Justices of the Peace the sixteenth day of January Anno Domini One Thousand seven hundred and ten, for the laying out two acres of land towards the erecting of a Court House in said county, according to Act of Assembly &c. Before the Worshipfull
Mr. Thomas Robins Mr. James Lloyd Mr. Thomas Emerson Mr. John Bullen
Her Majesties Justices and Gentlemen.
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HISTORY OF TALBOT COUNTY
Ordered by the Court here, that the Sheriff doe attend the Justices of said county with a good and sufficient jury, at the plantation of Philemon Armstrong, near Pitts Bridge the third Tuesday in February next, and that the aforesaid Sheriff doe acquaint the absent Justices with this order &c.
The Court adjourned till the third Tuesday in February next.
Talbot Sc. Att a Court of adjournment of our sovereign Lady Queen Anne &c. held at the plantation of Philemon Armstrong near Pitts Bridge the twentieth day of February in the tenth year of her said Majestyes reigne, Anno Domini One Thousand seven hundred and ten &c. Before the Worshipfull
Mr. Thomas Robins Mr. James Lloyd Mr. Thomas Emerson Mr. John Bullen
Her Majesties Justices, Present.
The Court proceed to laying out two acres of land in Armstrong's old field, near Pitts bridge whereon to build a Court house in this county according to Act of Assembly &c. And the place where the said land is laid out, Mr. John Bullen disasents to have the Court house (now to be built) built on the land laid out as aforesaid &c.
The Sheriff returns his pannel of the Jury which he hath been com- manded to summon, to appear at this Court this day in order to value two acres of land, at or near Pitts bridge, where on to build a court house in this county, according to Act of Assembly, whose names are as follow- eth, vizt.
Anthony Rumball
Henry Bayley
John Sherwood Walter Moulton
Griffith Evans
John Botfield
Joseph Bounton
Edmund Fish William Holmes
William Bash
Richard Cooper David Bills (or Mills)
They are accordingly sworne and sent to consider as well the damages that may accrue as to appraise and value indifferently the aforesaid two acres of land laid out in order to build a Court House on as aff'd &c.
The Said Jury returns to the Court and upon their oaths doe say, We of the Jury do find the damages to be subjoined, and the value of the said land at the sum of fifteen thousand pounds of Tobacco &c.
And the said Court adjudging what they have proceeded in in val- lueing the land aforesaid to be insufficient, for as much as they did not unanimously agree of the place whereon to build a court house in this county. It is therefore Ordered by the Court here that the Sheriff of this county, together with the Surveyor of the county do attend the Justices of the county at or near Pitts Bridge, the first day of March next: Ordered also by the Court here that the said sheriff doe summon a good and sufficient Jury out of each part of this county, to appear before the said Justices on the First Tuesday of March aforesaide &c.
Itt is likewise further ordered by the Court here that the Clerk of this county do putt up notes in the most public places of the county
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THE COURT HOUSE
signifying that on Thursday the first day of March next the said Jus- tices were to meet at or near Pitts Bridge in order to procure two acres of land whereon to build a court house in said County &c. That if any person or persons is inclinable to take the building of the said Court House, Lett him or them repair to the place aforesaid, and he or they shall be heard.
The Court adjourns till the first Tuesday in March next.
Talbot Sc. Att a court of adjournment of her most sacred Majesty Anne Queen of Great Britain &c. Held near Pitts Bridge by her said Majestys Commissioners and Justices of the Peace, the first day of March in the tenth year of her said Majestys reigne &c Annoq. Domini One Thousand seven Hundred and ten, Before
Mr. Thomas Robins
Mr. Thomas Emerson
Her Majesties
Mr. James Lloyd
Justices, present
Mr. John Bullen
The Sheriff returns his pannell which he hath been &c whose names are as follows (vigt) John King William Thomas
Will. Skinner
John Hendrix
Andrew Kinnemont
Thomas Sockwell
Jacob Gibson
John Needles (Nedels)
Richard Holmes
Loftus Bowdle
Marvine Giddins John Lovedaye
They are accordingly sworn and sent to consider as well of the Dam- ages, as to appraise and value indifferently two acres of land this day laid out, near Pitts Bridge, whereon to build a court House, &c.
The aforesaid Jury returns to the Court and upon their oaths do say, we of the Jury do find the Damages to be sustained, and the value of the said land at the Summ of Five Thousand pounds of Tobacco &c. Robert Finley Cler. Cur. Comm. Talbot.
Now the land thus laid out, surveyed, and valued is that land upon which the Court House now stands, and makes a part of the original patent of Londonderry-a name that is still perpetuated in the beauti- ful seat of Doct. Ninian Pinckney, of the U. S. Navy, who still holds a large part of the tract. Although it is said the place where the Court House was erected was called Armstrong's Old Field, it would appear that at the time the Court House was built upon it the land was wooded, for Philemon Hemsley was allowed in the levy of 1711 a certain amount for grubbing the same. In the same year William Turbutt, who was the Deputy Surveyor of the county under Robt. Diggs, Esq., Surveyor General for the Eastern Shore, laid out the road to the landing at what we now call Easton Point but in our earlier annals known by the less euphonious, or less elegant name of "Cowe Landing," It is worthy
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HISTORY OF TALBOT COUNTY
of record too, that in the following year 1712, allowances were made in the Levy for the road from Miles River ferry to the new Court House, across the head of Third Haven creek, and for the bridge then, probably, first constructed, which is now called the Court House bridge. Before this date person's to reach what is now Easton from Bay Side went around by the Glebe road and came across Pitt's Bridge. The Court House Bridge was properly so called, for it was a bridge for the purpose of reaching the Court House.
After it had been determined that the Court House should be placed on "Armstrong's Old Field" "near Pitts his bridge," Oxford was aban- doned. While there the court was held in the houses of Daniel Sherwood, and of Mary Stevenson who had allowances for rent made them in the levies. The first Court held in Oxford was upon 19th Aug. 1707. The last court in Oxford was held March 20, 1710, when a new commission for the Justices was read, directed to these gentlemen:
Mathew Tilghman Warde
Robert Ungle
Thomas Robins
James Lloyd Thomas Emerson John Bullen Anthony Wise William Clayton
gentlemen
Of whom the three first mentioned were of the Quorum. These gentle- men with the exception of Mr. Warde assembled at the place now called Easton, on the 19th day of June 1711, and there held the first court ever held upon the land now occupied by our county seat. The follow- ing is the loyal and specific record of the convening of the court:
Att a court of our Sovereign Lady Anne, Queen of Great Britain, &c, &c, held for Talbot County (in a house of Mr. Philemon Hemsley adjacent to the land laid out whereon to build a Court House, in said County near Pitt's Bridge), by her Sacred Majesty's Commissioners and Justices of the Peace, the 19 day of June in the 10th year of her Sacred Majesty's Reigne &c, Anno q. Domini One thousand seven hundred and eleven & there continued until the twentieth day of the same month, before
The Worshipfull
Mr. Robt. Ungle
[and the other justices named above.] Her Majesty's Justices present.
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THE COURT HOUSE
The officers of the court at this time were:
Clerk: Robert Finley;
High Sheriff; Foster Turbutt; Deputy Sheriff: Philip Feddeman; Ernault Hawkins; Samuel Turbutt;
Attorney for the Queen: Robt. Goldsborough;
Crier: Will Clayland;
Coroner: Andrew Skinner;
Surveyor: William Tarbutt.
At this date Col. Thomas Smithson, who is yet held in grateful re- membrance by the pious members of the Episcopal Church of St. Michael's Parish for his large bequest of land to the Parish, for a Glebe, and Phile- mon Lloyd, Esq., of Wye Island, at one time belonging to Talbot, were members of the Provincial Court, and had a seat in our County Court, when present, as all Judges of that Court were entitled to have.
At this last court held at Oxford, and by the Judges of the new com- mission, mentioned above, a contract was made with Philemon Hemsley, of Queen Anne's County, for the erection of the Court House for Talbot upon the plot of land purchased of Philemon Armstrong, near Pitt's Bridge. The following is a copy of the contract, as entered among the court records of Mh. 20, 1710, (N. S. 1711):
Articles of agreement made and concluded by and between we the subscribers her majesties Justices of Talbot County of the one part and Philemon Hemsley of Queen Anns County Gent'n of the other part Wit- nesseth, whereas there is a certain act of assembly in this province entit- uled An Act for building and erecting a Court House for Talbot County at or near Pitts Bridge impowering the said Justices or the major part of them to treat and agree with undertakers or workmen for building a Court house for the said county at the place aforesaid, In pursuence of the said act we the said Justices hereunto subscribed, have accordingly treated and mutually agreed to and with the said Philemon Hemsley for building a Court house on two acres of land already laid out near Pitts Bridge for that purpose according to the Plott of the said house drawn by the said Philemon Hemsley and the Dimensions ffol; vizt.
First. The said house to be thirty feet long in the clear and twenty feet wide in the clear, with a back building for the Seat of Judicature of twelve' feet and eighteen feet in the clear and thirteen feet pitch from the level of the earth to the wall of plate, the walls of the said house all round from the foundation to the water table to be two brick thick and a brick and a half upward to the wall plate, and the gabel ends above joyce to be one brick thick with a small chimney in the chamber that is over the seat of Judicature, the said building to be built of well burnt brick, laid in good sufficient mortar workmanlike, the front of the said
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HISTORY OF TALBOT COUNTY
house of smooth bricks with blue headers (?) and stretchers, to be rubbed (?) from the sills of the windows upwards to the wall plate with streight arches over the windows done workmanlike, the ends and back part of the said house to be plain good work with a hemsome (?) (quære, handsome) Peddiment over the front doore supported with well turned Cullums and bases of Cedar and Locust, the roof of the said house to be well shingled with Cypress Shingles sheweing mundillions (?) (quære, medallions) in the front barge boards at the ends, all the back eaves to be well boxt with good moulding workmanlike; the front door to be Cedar or Locust if Cedar the sill to be locust with Lights over the door, worked with Archytrive on ye sd Doore case the front to have archy- trive Transome windows, all the other windows to be plain transome win- dows except the Dormers which are to be without transome, the seat of Judicature to be handsomele wenscutt, with a Suitable chaire benches railes and ballisters with tables and benches for the attorneys, with suita- ble railes and ballesters round where the Grand Jury and the Pettit Jury must stand, with convenient stairs for either to go up stairs at either end as Described in the Platt, all the floor with the railes and seat of Judicature to be planked, all without well paved, the upper floor to be rabbitted or grooved Devided into convenient rooms with Pettitions of Plank with good frame doors, the front doore to be a hansome Double Doore the joyce of the said house to be all galloping (?) joyce of Ten inches and four inches square, the Rafters seven and four inches square at foot and four square at head, the inside of the said house or building above stairs and below to be well lathed and plastered all ye windows of the said house to be well glazed with Led (?) and glass except the lower lights in the transome windows in the front end below joyce which are to have shetters instead of glass; all the windows front doore cullums peddi- ments. Dorments and Eaves of the said house and seat of Judicature well primed and painted.
Secondly. The said Philemon Hemsley doth promise to compleat and finish ye sd building in every respect workmanlike, according to the Dementions and Directions as above specified by the Twentyeth day of November which shall happen in the year of our Lord One thousand seven hundred and twelve, and also to finde and provide for the said Justices a convenient [house] at or near the said place called Pitts Bridge to hold Court in on ye third Tuesday in June next, and during the building of the said house &c.
In consideration whereof we the said Justices being authorized as aforesaid Doe agree to pay him the said Philemon Hemsley or his assignes the full and just Quantity of one Hundred and fifteen thousand pounds of good merchantable tobacco, convenient in the aforesaid county (that is to say) sixty thousand pounds of Tobacco this present year and the sum of twenty thousand pounds of tobacco at the closeing (?) of the said house, and the remaining part at the finishing of the aforesaid worke. In witness whereof the Partys above said have hereunto set their hands and seals the 23rd day of March in the tenth year of the reigne of our
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THE COURT HOUSE
sovereigne Lady Anne of Great Britain France and Ireland Queen defen- der of the faith &c. Annoq. Domini 1710
1 M. T. Warde [seal]
2 Robt. Ungle [seal]
3 Thos Robins [seal]
4 James Lloyd [seal]
5 Thomas Emerson [seal]
6 John Bullen
[seal]
7 Antho. Wise [seal]
8 Will Clayton Jr. [seal]
Philemon Hemsley [seal] Signed Sealed and Delivered in the Presence of
Robt. Finley
Phil. Feddeman.
For the faithful execution of the above recited contract, the following persons became security to the amount of two hundred and thirty thousand pounds of tobacco, viz:
Philemon Hemsley,
Tho. Martin,
Will. Clayton,
Will. Clayland,
Trus. Thomas.
According to these articles of agreement it is altogether probable the second Court House for the county was built. But the court did not await its completion before it moved to the place selected for its its permanent sittings, for we find it occupying, "the House of Mr. Philemon Hemsley's adjacent to the lands laid out whereon to build a Court House in Talbot Co.," June 19, 1711, and the court of this date was the first held at or near the site of the Court House now standing. By the June following the Court House seems to have been sufficiently completed to allow the courts to hold their sessions therein, for the 17th of that month 1712, the first court was, according to the record, held in the Court House near "Pitts his Bridge," and there it continued to be held until after the Revolutionary war, as will hereafter appear.
At a court held Aug. 21, 1711, it was ordered.
That he the said Foster Turbutt [then Sheriff] proceed to build a goal or prison house (on part of the lands laid out whereon to build a Court House in the county near Pitts' Bridge) untill such time as the Justices of the Court shall further consider of the same, and that he the said Turbutt be accordingly allowed therefor at the laying this County levy &c.
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HISTORY OF TALBOT COUNTY
The jail appears to have been built, for the levies were certainly made for the purpose. The total cost of the prison was 50,000 lbs. of tobacco, and it seems to have been completed in the Fall of 1713. Of course there was an appropriation for stocks.
The Court House was not rented, as was that at York, to any occupant but Mr. Henry Frith was placed in charge of it to keep it clean, to provide lights, fuel, &c., &c. He received 800 pounds of tobacco per year for his trouble.
By an Act of Assembly of Nov. 1710 the commissioners of the county were authorized and empowered to sell the Old Court House and Prison at York, and the land thereunto belonging, to the best purchaser. In accordance with this act the Justices made sale of the property to Robert Finley for 8000 lbs. tobacco, as appears by a credit on the levy list of Nov. 21, 1712. There is no evidence to determine whether this was the full, or only a partial payment.
It was intended that this article should conclude what was meant to be said concerning the Court Houses of the county; but as it has length- ened itself out beyond the prescribed limits, indulgence is asked for the infliction of another paper, which shall give an account of the erection of the present existing county buildings.
It will have been seen from what was contained in the preceding article, that the Justices or Commissioners of the county in building a Court House in "Armstrong's Old Field," near "Pitts his Bridge," erected a good, substantial, and for the requirements of the time, commodious edifice-one very different from those perishable structures previously built for court uses, which were in constant need of repairs, judging by the frequent levies made for that purpose, and which rotted down almost as soon as completed. In this Court House then, built not only with regard to amplitude and permanence, but with some pre- tensions to architectural taste, as the contract evinces, and with no disdain of ornament, the courts of the county continued to be held from 1712 to 1794, a period of eighty-two years, a longer time than has elapsed since the erection of the Court House now standing. But, with the progress of the county, and the changes in our judiciary system brought about by the Revolutionary war, a new building had become necessary, even supposing the old one had remained unaffected by decay.
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