Crimes, Misdemeaonors & Transgressions in Colonial Maryland
Our ancestors were no angels. They sometimes went astray of the law and the church. In this issue of Tree Talk, I will discuss where you find might records showing your ancestor accused of breaking the criminal law, violating the rules of the church, and other misadventures. Sometimes fate just did not treat them kindly.
Let's first discuss sins and other transgressions against church law.
1)
CHURCH MINUTES
First consider the minutes
of the various denominations. Virtually every denomination concerned itself
with the behavior of its members, especially in the colonial period. Most notable
are the Quakers.
Quaker
Minutes
The Quakers were expected to follow a disciplined life. The minutes
reveal the following types of misbehavior which were brought up before the membership.
1. Marrying out by a hireling priest
(minister) either to another Quaker or someone not of the Society of Friends.
2. Fornication, having an illegitimate child, and having child too soon after
marriage.
3. Marrying a cousin, or the sister or other relative of a wife who had died.
4. Drinking liquor to excess
5. Dancing
6. Gossiping
7. Attending another church, including the attendance of a wedding in another
church.
8. Participating in the militia, supporting the military such as providing a
horse, wagon, etc.
9. Paying taxes which supported the war or the Anglican church.
10. Wearing fancy clothes
11. Engaging in activities which gave way to vanity
12. Swearing oaths as to your word in court or to government
13. Taking off your hat to others
14. Bad language
15. Failure to pay your debts
16. Other
Following the death of a spouse the widow or widower was expected to delay remarrying for a respectable period of time. In the case of a widow remarrying, she was expected to make sure the estate of her children was protected prior to her subsequent marriage. These were issues considered by the membership and discussed in the minutes.
The membership deliberated on each issue and often a committee was appointed to visit the individual to determine the truth and to determine the attitude of the church member. A case might drag on for months before a decision was made as to what action the membership would take.
There were two sets of minutes, men's and women's. Ensure you examine both. Most of the minutes that have been abstracted and published were taken from the men's minutes. Details of the many of the cases will be the same but sometimes the names of females for whom certificates are prepared or presented are omitted from the men's minutes.
Publications which include abstracts
of Quaker minutes, revealing violations of discipline:
1. Quaker Records of Northern Maryland by Henry C. Peden, Jr. . The minutes
were published along with the registers.
2. Quaker Records of Southern Maryland by Herny C. Peden, Jr. The minutes
were published along with the registers.
3. Quaker Minutes of the Eastern Shore of Maryland, 1676-1779 by F. Edward
Wright
It should be pointed out that the minutes not only reveal violations of discipline but also other activities. Especially noteworthy are the certificates of removal which show arrivals or departures of families, frequently naming each family member. These certificates reflected on the general conduct of the member, including a statement regarding the prompt payment of outstanding bills.
Quaker minutes also cover the reporting of the accomplishment of marriages (in an orderly manner).These entries are important when the clerk failed to record the marriage in the register.
In summary, the Quaker minutes contain a wealth of information on the behavior of its members in addition to other genealogy.
Minutes from Other Church Groups
Other denominations also concerned themselves with unacceptable behavior, notably, cohabitation, and illegitimate children - but have far fewer cases recorded than the Quakers. Most of these cases were recorded in the minutes - vestry minutes in the case of the Anglican Church, session minutes of the Presbyterian Church. For the most part, however, their minutes deal with church business, e.g., repair to the building, rent of church property, etc.
2) CRIMINAL RECORDS
Let's consider the secular side, violation of the law as appearing in county and state records.
A. Convict Immigrants
First consider those who arrived
in the province already in trouble with the law: Convicts from England.
Some of our emigrant ancestors
began their life in this country as convicts. Prior to 1717 the transport of
convicts to the New World had been a small-scale enterprise. Early in 1718 the
Act for the Further Preventing of Robbery, Burglary and other Felonies and
for the More Effectual Transportation of Felons became law in Great Britain.
The provisions of this law remained virtually unchanged until the Revolutionary
War. During this period approximately 50,000 convicts were dumped on the American
colonies.
The transporting of convicts was largely subsidized by the British government. Maryland and Virginia were the primary destinations. British prisons were cleared 2 or 3 times a year. By 1755 approximately 1 in 10 white adults in Maryland was a British convict! Lists of convicts destined to Maryland and Virginia were compiled by Peter Wilson Coldham and published in 1997 in The King's Passengers to Maryland and Virginia. Coldham gives the name, date of passage, name of ship, county of origin, name of exiting port and the number of years indenture.
These persons were to serve an indenture,
usually for 7 or 14 years. Typically a contractor in England would take custody
of the prisoners, and sell them to individuals in America. During certain periods
the contractor was paid by the British government in addition to the monies
he received from the buyers. It cost the contractor between 3 and 5 pounds to
transport the convict and he then sold the individual for a significant profit.
Despite protests from the colonies about being a dumping ground for these convicts, there was nothing the colonists could do. Ben Franklin suggested that we return the favor by shipping rattlesnakes to England.
Because the convict frequently ran away, or changed his name after serving his time, tracing a convict can be difficult. Nevertheless, many people today can trace their ancestry to a British convict. A significant number became major landowners and leaders of the community. Coldham gives case histories of 23 convicts.
B. Colonial Courts: Provincial and County
The criminal and civil cases of Maryland are recorded in the published series, Archives of Maryland, originally published in hardback in the 1920s and 1930s by the Maryland Historical Society. The series was later taken up by the Maryland Archives and today is online, with a relatively easy-to-use search engine.
Several hundred of these cases are discussed by Raphael Semmes in his book, Crime and Punishment in Early Maryland. It was first printed in 1938 by the Johns Hopkins University Press and is currently in print.
Semmes takes you through the attitude
of the law and its officers, the types of crime, the sometimes peculiar types
of punishment, and gives details on a large number of cases. He limits his coverage
to the 1600s as is covered by the Archives series.
One of the cases I found most interesting was that of Joseph Wickes of Kent
Island, described on pages 235-236 of Semmes' book. Wickes had purchased
a servant from Richard Owens. The servant turned out to be ill from what
appeared to be "the pox." She died soon after coming to the Wickes
household and Wickes then turned around and sued Owens for failing to deliver
him a maidservant that was "sound and in perfect health."
The terms "pox" or "country disease" were often used to describe a venereal disease. Several persons testified in the case as to the health of the girl and the nature of the indenture by which her servitude was purchased. Among the witnesses was my ancestor Nicholas Broadway, aged 22 at the time. It is my good fortune that Nicholas was an overseer of Joseph Wickes and had been a witnesses to the sale of the girl. As is the case of most depositions, the deponent's age was noted - another plus for genealogists.
C. Pardon Papers
From
the Papers of Governor and Council, 1777-1836, S 1061. Accession # 5401-1,
held by the Maryland State Archives (MSA).
Most of these papers are petitions
submitted to the Governor by the accused and their friends and relatives seeking
to have sentences reduced. The crimes mentioned in these papers include murder,
robbery and thievery, buggery, assault, counterfeiting, helping slaves to escape,
and abuse of other persons.
Example: Folder 12 of the Pardon Papers. This item shows that James Bradley, Charles Close, William Clark, James Mathias, Samuel Coil and George Crowes, all soldiers stationed at Whetstone Point, on 22 October 1778 robbed the house of Sabritt Sollars in Baltimore County. Sabritt Sollars lived about 4 or 5 miles down river from the fort. Actual details of the robbery are included in this petition.
One of the most interesting items I have found among the pardon papers was that of William Ady of Harford County, ancestor of a friend of mine. The pardon papers reveal that a William Ady and his friend Vincent Richardson were returning home after an election for sheriff of Harford County on Monday, 29th of November 1779. They stopped at a Publick House, operated by Mrs. Elizabeth Finagan on the road leading toward home. Both under the influence of liquor, there arose an altercation between Ady and Richardson. Ady with his second blow killed Richardson. Convicted of manslaughter, he was sent to prison.
A petition for Ady's release from prison was signed by 54 persons, presumably his friends and neighbors from Harford County. The petition stated that William Ady and Vincent Richardson had lived within one mile of each other for 22 years and had never had any malice toward each other. The petition was submitted in 1781. According to the petition, William Ady was the father of two children.
As soon as I returned home from the Archives I phoned my friend, whom I knew to have an ancestor, William Ady. I read her the highlights of the entry.
"Was that your ancestor?" I asked.
"I don't think so," she replied.
Looking again at my notes, I asked, "How many children did your William Ady have?"
"Four children," she answered.
"But how many did he have in 1781?"
After checking her records, she replied, "Two."
It all checked out, and she now had a little more background on her ancestor.
D. Coroner Inquests
Coroner inquests refer to investigations held by county officials in which a coroner's jury is appointed to determine cause of death.
Example: Coroner inquests of Queen Anne's County, 1775-1786. MSA Series No. 1409, Accession No. 8850-1.
These investigations included verdicts
of alleged accidental deaths, murders, suicides, unknown causes.
During the course of examining these records, I was fascinated to learn of the
case of the death of John Phillips. On
9 May 1785 the jury determined that on 22 April of 1785 Phillips was violently
assaulted, beat and wounded with a spade by William Minor, innkeeper,
and of which wounds he did die.
I happened to have known a little about William Minor. He had married Rachel Wright, daughter of Nathaniel Wright, a prominent landowner in Queen Anne's County. According to the Easton newspaper, Republican Star, William Minor died on 23 November 1804 at Mount Vernon plantation, in South Carolina. He left eight children, six of which were under the age of 12. One could guess that the motivation for leaving Queen Anne's County stemmed from the verdict of manslaughter.
E. County Court Records
Of interest in the County Judgment
Records are criminal cases of bastardy, theft, and assault. Theft called for
time in the pillory and/or whippings along with a four-fold payment of the estimated
cost of the stolen property - to be paid to the injured party. Proof of assault
usually brought a fine of about 5 shillings.
In the case of illegitimate children, the Court sought to obtain monetary support
for the child from one of the parties or in the case of an indentured female
servant, from her owner, who in turn would be given additional servitude from
the servant to offset the payment of the indemnity and the fine. If the individuals
could not pay the fine they were whipped. Whippings consisted of 10
or less lashes, "until the blood doth appear," at
a publick whipping post. In June 1749 the Assembly passed an act dropping corporal
punishment inflicted on females having baseborn (illegitimate) children. Fines
remained.
The name of the child, usually orn by the time of the court proceeding or church examination is not always recorded. The name of the father is sometimes not recorded because of the mother's refusal to name the father.
In his introduction to Peden's Bastardy Cases in Baltimore County, Robert Barnes points to a law, enacted in 1658, decreeing that a servant woman who had a child out of wedlock, and could not prove the father, would be liable for all the damages. If she could prove the father - by testimony of witnesses or by confession - the father, if a servant, should be liable for half the damages, but if a freeman, he should be liable for all of the damages. Moreover, if the mother could prove that the father was a single person and a freeman and had promised her marriage, he could be compelled to marry her. In the case of the birth of a mulatto child, a white (female) servant was required to serve additional time and the child was sold into servitude for 31 years. Similar laws remained on the books well into the 18th century.
In the court records of Queen Anne's County, I found a book solely of recognizances, many of which related to illigitimate children. A recognizance is a bond made before a court, binding a person to do something. There were 38 bastardy cases recorded for the period October 1782 through March 1787.
The following is one example (edited): Elizabeth Moss, single woman, swears that Abraham Meeds is the father of the male child she hath lately delivered, whose name is Abraham. On 23 Oct 1782 were bound Abraham Meeds, Queen Anne's County, waggoner, and John Peter and Thomas Meeds, planter. (See Maryland State Archives Seriies No. 1409, Accesssion No. 8850-1).
In the above example, the name of the child was given. This is generally not the case. The name of the father is sometimes not found in the records because the mother's refusal to name him.
3. NEWSPAPERS
By the early 1800s, newspapers were popping up throughout the state of Maryland. Crimes and unusual deaths and events were reported. Initially, however, events involving local persons, especially persons of substance, tended to be handled with deference, giving the accused benefit of the doubt, or omitting coverage of the story altogether.
An time went on, newspapers grew somewhat bolder and less protective. Even in today's times, however, the editor of a local paper will often attempt to protect him or herself from the anger of the local populace. To get a complete picture of an event, check not only the local papers but also others.
Many genealogical publications limit
the scope of their newspaper abstracts to marriage and deaths.
The following books include items of a personal nature in addition to the usual
marriages and deaths:
The Maryland Gazette 1727-1761 by Karen Maurer Green
Maryland Eastern Shore Newspaper Abstracts, 8 volumes by F. Edward Wright
Western Maryland Newspaper Abstracts, 1786-1810, 3 volumes by F. Edward
Wright
Newspaper Abstracts of Frederick County, 1811-1819, 2 volumes by F. Edward
Wright
Newspaper Abstracts of Allegany and Washington Counties, 1811-1815 by F. Edward
Wright
4. MILITARY (MILITIA) OFFENSES
A. Deserters
Very little is available on courts martial of militia members. Considering the fact that the militia company officers were elected by members of their company, they tended to be the same political persons who depended on the popularity to be elected to public offices as well. Obviously this had an adverse effect on discipline.
There are a few courts-martial described in the Letter book of the Adjutant General of Maryland involving militiamen who were stationed at Annapolis during a period in 1813 when the British fleet was in the Chesapeake Bay.
Israel Davidson and Lewis
Hood using threatening and abusive language - evidently they were upset
by the arrest of a fellow soldier. Found guilty and required to make public
apologies.
Jasper Petticord was charged with breaking the age of Charles Carroll
of Carrollton.
Philemon Jones and others charged with committing violence on Sergeant
Wheaton of Capt. Woodward's company.
Hatton M. Jones, William Ivington and James Locker charged with
desertion - sentenced to confinement for 4 days without liquor and secured under
guard with a ball and chain to each.
There were a few other cases with similar punishment.
4. DRUNKENESS
During
the colonial period church groups generally accepted the consumption of alcohol.
Thomas Gerrard, Lord of St. Clements Manor, in Southern Maryland had
in the upper yard house, 180 gallons of liquor; in the pear orchard house, 240
gallons of liquor; and in the lower cider house, 400 gallons. It was no wonder
that Thomas Gerrard who was a member of the Governor's Council, was accused
of drunkenness. Some planters even made it a practice to have a morning draft
of brandy.
In the 17th century there were a number of ordinaries which would today be called
taverns or inns. In Calvert County there were four at the town and one at John
Grigg's, while in Anne Arundel County there was one at the court house,
one at Richard Hill's and another at the Red Lion.
It was not until the 1800s that temperance movements were formed. The Quakers, for instance, accepted imbibing but not to excess. Numerous cases arose in which the membership expressed disdain for instances of drunkenness or continued drunkenness.
5. WITCHCRAFT
One person, Rebecca Fowler was in 1685 accused and hanged for witchcraft. There were other cases of witchcraft in Maryland, but she was the only person actually executed.
6. TYPES OF PUNISHMENT IN THE COLONIAL PERIOD
Bibliography:
Books:
Coldham, Peter Wilson: The King's Passengers to Maryland and Virginia
(Family Line Publications, 1997, Willow Bend, 2000).
Coldham, Peter Wilson: The Complete Book of Emigrants in Bondage (Genealogical
Publishing Co., Inc., 1988)
Green, Karen Mauer: The Maryland Gazette 1727-1761.
Keddie, Leslie & Neil: Eastern Shore General Court Criminal Judgments,
1779-1780. (Family Tree Bookshop)
Keddie, Leslie & Neil: Somerset County Court Judicial Proceedings 1775-1776.
(Family Tree Bookshop)
Keddie, Leslie & Neil: Somerset County Court Judicial Proceedings 17767-1779.
(Family Tree Bookshop)
Keddie, Leslie & Neil: Talbot County Court Proceedings 1662-1671.
(Family Tree Bookshop)
Keddie, Leslie & Neil: Talbot County Court Proceedings 1671-1674.
(Family Tree Bookshop)
Peden, Henry C., Jr.: Bastardy Cases in Harford County, Maryland, 1774-1884
(Willow Bend Books, 2001)
Peden, Henry C., Jr.: Bastardy Cases in Baltimore County, Maryland, 1673-1783
(Willow Bend Books, 2001)
Maryland Historical Society: The Archives of Maryland (71 published volumes
and other volumes on line)
Semmes, Raphael: Crime and Punishment in Early Maryland (The Johns Hopkins
University Press, 1938). (This work was based almost entirely on cases covered
in the series Archives of Maryland.)
Wright, F. Edward: Maryland Eastern Shore Newspaper Abstracts, 8 volumes
Wright, F. Edward: Western Maryland Newspaper Abstracts, 1786-1810, 3
volumes
Wright, F. Edward: Newspaper Abstracts of Frederick County, 1811-1819,
2 volumes
Wright, F. Edward: Newspaper Abstracts of Allegany and Washington Counties,
1811-1815.
Wright, F. Edward: Judgment Records of Dorchester, Queen Anne's & Talbot
Counties.
Magazine Articles:
Wright, F. Edward: AIllegitimate Children of Queen Anne=s County Born 1782-1787.@
MGS Bulletin, Vol. 33, No. 4, Fall 1992. Taken from MSA Series No. 1409. Accession
No. 8850-1.
Wright, F. Edward: APardon Papers.@ MGS Bulletin, Vol. 32, No. 4, Fall 1991.
Excerpts from Pardon Papers: Governor and Council, 1777-1836, S1061. Accession
# 5401-1, MSA.
Wright, F. Edward: ACoroner Inquests of Queen Anne=s County 1775-1786.@ MGS
Bulletin, Vol. 33, No. 4, Fall 1992. MSA Series No. 1409. Accession No. 8850-1.
Provincial and State Agency Records:The
following is taken from the listing of original records held by the Maryland
State Archives. It is not a complete list. Check on line at www.mdarchives.state.md.us/msa
1. PROVINCIAL COURT. See Archives of MD series. Semmes draws from this as his only source.
2. GENERAL COURT OF THE EASTERN
SHORE and GENERAL COURT OF THE WESTERN SHORE
A. General Court of the Eastern Shore (Judgments) 1778-1805. S471. Documents
filed in civil, criminal and appealed cases. Papers include petitions, answers,
exhibits, orders, and transcripts. The criminal cases have been abstracted by
Leslie and Neil Keddie for the period 1782-1785 & 1777-1778. Many of these
cases were for treason by loyalists.
The General Courts were established in 1776. It heard both civil and criminal
cases. These courts were abolished in 1805. The General Court's appellate function
was assumed by the Court of Appeals.
3. COURT OF APPEALS
Court of Appeals (Briefs, Eastern Shore) MSA S376-1 Accession No.: 723-2. Brief
description of proceedings. Names of appellants and other.
Court of Appeals (Docket) MSA S412. 1695-1933. Brief description of proceedings.
Names of appellants, dates, decision.
Court of Appeals (Docket, Eastern Shore) MSA S413. 1807-1851. Brief description
of proceedings. Names of appellants, dates, decision.
Court of Appeals (Docket, Western Shore) MSA S414. 1806-1851. Brief description
of proceedings. Names of appellants, dates, decision.
Court of Appeals (Judgment Records) MSA S422. 1694-1891. S422
Court of Appeals (Judgments) MSA S381. Transcripts of civil and criminal cases
appealed fomr county circuit courts and Baltimore City Criminal Court and civil
courts. For 1782-1805 includes appeals from the General Court of the Western
Shore, General Court of the Eastern Shore and county and Baltimore City courts.
Arranged alphabetically by name of appellant and then chronologically by court
term.
4. PARDONS
A. GOVERNOR AND COUNCIL (Pardon papers) 1775-1836. MSA S1061. Letters and
petitions recommending prisoners be pardoned. Also includes records of remissions
of fines and nolle prosequi (cases dropped by prosecutor). Examples given earlier.
B. GOVERNOR AND COUNCIL (Pardon Record). 1785-1838. MSA S1107. Most of
these records consist of date recorded, date of crime, convict=s name and the
crime.
C. HOUSE OF CORRECTIONS (Commutation Records) 1879-1916. MSA S251. Prisoner
name, date imprisoned, sentence length, remarks (died, pardoned, escaped, etc.).
D. SECRETARY OF STATE (Pardon papers) 1837-1947. MSA S1031. Letters requesting
pardon, other correspondence, testimony, newspaper clippings. Arranged chronologically.
Microfilm for period 1953-1958 (SM143 - 2 reels)
5. PRISON RECORDS
A. HOUSE OF CORRECTIONS (Prisoners Record) 1879-1912. MSA S253. Name,
former occupation, crime, sentence, age, education, Sunday school attendance,
at what age orphaned, trade, religion, race, place of birth and other.
B. HOUSE OF CORRECTIONS (Reception Record) 1879-1894. MSA S256. Includes
date, prisoner number and name, birth place, age, complexion, hair and eye color,
height, weight, residence, occupation, and identifying marks, scars, and tattoos.
6. LUNACY RECORDS
STATE LUNACY COMMISSION (Hospital Admissions) 1889-1898. MSA S177. Date,
name, race, residence, place (usually state) of birth, marital status, form
of insanity, duration, remarks. Arranged chronologically.
STATE LUNACY COMMISSION (Hospital Discharges) 1889-1898. MSA S178. Same
as above; also remarks as to improved, escaped, returned, died, etc.
DISCUSSION:
When you discover a transgression made by a family member do you include the facts in your family history?
What are the best means in handling
unfavorable events of recent times?
DELAWARE
Kent County Guardian Accounts
by Mary Marshall Brewer.
Now in print:
Kent County, Delaware Guardian Accounts - Aaron to Carty (Catalog #D059)
Kent County, Delaware Guardian Accounts - Caton to Edinfield (Catalog
#D060)
Kent County, Delaware Guardian Accounts - Edmondson to Hopkins (Catalog
#D061)
Kent County, Delaware Guardian Accounts - Houston to McBride (Catalog
#D062
Kent County, Delaware Guardian Accounts - Savin to Truax (Catalog #D056)
Kent County, Delaware Guardian Accounts - Truitt to Young (Catalog #D058)
Sussex County Wills, 1801-1812 by F. Edward Wright is now available. (Catalog #D134}
MARYLAND
Settlers of Colonial St. Mary's County, Maryland by Elise Jourdan is available. (Catalog #D133)
Maryland Bible Records, Volume 4: Eastern Shore by Henry C. Peden, Jr., is available (Catalog#D072)
Colonial Families of the Eastern Shore of Maryland, Volume 18. Vernon L. Skinner, Jr. and F. Edward Wright. This volume concentrates on the families of Somerset, Worcester and Wicomico counties. It will cover the families of Boardman, Nelson (Nilson), Nicholson, Phillips, Pitts (Pitt), Price, Ralph, Rogers (Rodgers), Shiles, Stevens, Stevenson, Summers (Somers, Sumners), Wallace, Willis. This volume also includes the Pitts of Talbot County and Tidewater Virginia. [The Jones families will be deferred to a future volume as research and editing continues by Mitchell Jones of Jacksonville, Florida.]
Colonial Families of the Eastern Shore of Maryland, Volume 19. Henry C. Peden, Jr. This volume concentrates on the families of Dorchester County. It will cover the families of Aaron, Beckwith, Billings, Brannock, Budd, Bullock, Evans, Ferguson/Farguson , Geohegan (revised), Gray, Haines, Hambrook, Hardikin (Hardigan, Hargaton), Harper, Hayward, Hodson, Kendall, Lake, Longs of Talbot Co. and Dorchester Co., Marine, Norman, Nuner/nooner, Pagan (Pagon), Pindar, Robson, Sare, Simmons (Seamans), Smart, Tench, Todd, Tootle, Vickars, Windows, Woodland.
Marylanders in the French and Indian War. Our project is in the planning stages.
NEW JERSEY
Early Church Records of Monmouth
County. Anna Miller Watring should be available in early Summer
Is Putting the Finishing Touches on this One.
PENNSYLVANIA
Land Records of York County, Pennsylvania, 1746-1764 by Mary Marshall Brewer is now available. Land Records of York, County, Pennsylvania, 1775-1792 will be available in Mid May (2004). The period, 1764-1771 was covered in an earlier volume.
The Records of St. Michaels and Zion Church of Philadelphia - Translated and edited by Robert Hess. We expect to have the first volume available by early summer.
We hope to get started on a volume of Lehigh County church records soon..
VIRGINIA
Colonial Families of the Eastern Shore of Virginia. Our best guess is
that the first volume should be available this summer.
Colonial Families of Northern Neck, Virginia. Work is progressing well on this one. We may have something in print by early summer of 2004. We anticipate several volumes.
Colonial Families of Henrico County
is currently being researched by Elise Jourdan.