36 Provincial Court Proceedings, 1672.
Articles of Complaint Exhibited by Thomas Jones to his Excel
lency Charles Calvert Esq Governor the hono :ble Philip Calvert Esq
Chancelor and the Rest of his Lopps Privy Council agt Henry Smith
one of his Lordships Justices of peace for Somrset & also for
Worcester Countyes.
Imprs That the said Henry Smith during the time of his being Justice
of peace in Somrset County aforesayd hath obstinately & Con
temptuously Kept an unlicensed Ordinary contrary to Law for the
Space of Two yeares last past untill the fourth day of September
last past in contempt of the Governmt & authority of this Province
Item That the said Henry Smith having arrested one Stephen Whitman
for Speaking seditious words in his house let the said Whitman to
Bayle of One single pson whereby the said Whitman is now escaped
& fled this Province & so hath Escaped Justice.
Item that the said Henry Smith being a Justice of peace and having
one Charles Wix a Bricklayer a Runnaway servant belonging to one
Doctor in James River delivered to his Custody to be sent to
his Master the said Smith deteined him in his Custody not sending
him home with other his fellow servants Runnawayes. Notwith
standing his Master writ to the said Smith to send him home psuad
ing the servant he would free him to the Encouragemt of the servt
& wrong of his Master, and hath Kept him at worke for the space of
Two moneths, & still doth Keepe him.
Item that one Christopher Nutter having taken up Two men with their
swords and other Armes Runnawayes and intending to Carry them
to the next Justice of peace Mr Ballard as the Act of Assembly
requires the said Smith hearing thereof Sent a warrant for the said
Runnawayes Kept the said Nutter prisoner at his owne house the
said Nutter asking him how long he should stay the said Smith said
During the said Smiths pleasure, and after ye said Nutter had beene
prisoner Severall houres he went away, then the said Smith sent
hue & Cry after him for breaking prison upon wch the said Nutter
being taken the said Smith by Mittimus sent him to prison to the
Sheriff of Somerset County for breaking Prison.
Justice of peace in Somerset County doth Exercise an Arbitrary Liber J J
power over the Good people there with such Great Rigour & Ex- 508
tremity, that many of the Inhabitants groane undr it.
That at my the said Jones being at the hone Keele in Worcester
County the sd Smith did openly declare that he would not obey the
millitary power there whereupon Diverse deserted their, Comandrs.
and if any supply had beene sent the Dutch that opposition had beene
made wee had all been Ruined wch words the said Smith hath since
used, and further sayd he would be Cesar aut nihil.
That whereas his Excellency had apointed & ordered the surveyor Item
ffrancis Jenkins should lay out at the Hore Keele Neck a mile
square for a Towne according to the Directions of the Justices of
ye County the said Henry Smith & ffrancis Jenkins by Combination
& Confederacy together that notwthstanding the Directions of the
Justices the said Jenkins did Layout for ye mile or ye Towne in other
manner then the Justices had Directed saying he would lay out
the Towne where he listed himself, And by Covin betwixt him & ye
said Smith the said Jenkins survey'd six hundred Acres of land
for ye said Smith where the Towne should have beene After
the said Smith passed the same over to the said Jenkins, whereupon
the said Thomas Jones prayeth the discretion of the honoble Board,
and that the said Henry Smith may be Required to answere to the
premises Tho: Jones.
Endorsed I