Page:The Green Bag (1889–1914), Volume 12.pdf/619

 580

there to have place, voice, and seat, as our said councillor's proctor or attorney during his absence." This honor, sitting by proxy in the Governor's Council, appears never to have been given another. This vicarious office of Councillor did not affect his right to sit in the Lower House, although being a councillor he became a member of the Upper House at the same time. While he was thus a member of both Houses, he was amerced fifty pounds of tobacco for being absent from the sessions of the Lower House. In the same session he voted against the Lord Proprietary's Prerogative Bill and was of those who supported the People's Liberty Bill. This defence of the people's rights and intensest opposition to the encroachments of the Crown or Proprietary upon the liber ties of the freemen were indicative of the spirit that always animated the lawyers of the Province, who, in every conflict of the people against arbitrary power on the part of the Executive Branch, whether King or Pro prietary, were invariably on the side of the populace. In 1647, Mr. Fenwick successfully kept a debtor out of the Assembly, by urg ing and proving that Nicholas Gwyther, a delegate from St. Mary's, was not a freeman and owed him service. Mr. Fenwick was the constant recipient of marks of the high esteem in which he was held. He was one of a committee of three appointed at the session to prepare a list of grievances of the Province to present to the Lord Proprietary, and, contrary to law, his Indian servant was allowed to remain in the Province and have ammunition sold him. Mr. Fenwick appeared first on the rolls of attorney of the Provincial Court in 1644, when he recorded a power of attorney from Richard Bennett of Virginia, who, afterward in 1649, led the Puritan refugees, driven from Virginia to Annapolis, where asylum had been given them by Lord Baltimore's representatives. Mr. Fenwick had also an other Virginia client, Thos. Horlkins, who

secured his professional services to collect a claim of two hundred pounds of tobacco. Thus the fame of Maryland's attorneys be gan early to spread beyond their colony, an earnest of the day when they were noted for their ability throughout the American planta tions. These early attorneys of Maryland had the same courageous sentiments that have ever distinguished the Bar of " the old Line State." They did not hesitate to defend or attack any citadel in securing the rights of their clients. As attorney of Capt. Thomas Cornwallis, Cuthbert Fenwick had a bill of exchange for two thousand pounds sterling protested against Lord Baltimore himself, and claimed one hundred thousand pounds of tobacco damages to his client. When the sheriff refused to serve the writ on Gov. Calvert, the Proprietary's representative, Mr. Fenwick had a warrant issued by the Court, directed to Thomas Matthews, the recusant officer, and " siliter in causa ipsins Egidy Brent, p. Sccretarim." The outcome of the suit is not recorded. If the records warrant any conclusion, we may infer, from the number of suits he represented, that the fourth attorney of the Maryland bar was the leading practitioner of his day. CAPTAIN THOMAS GERRAKD, ATTORNEY AT LAW.

Thomas Gerrard is one of the most inter esting characters of Maryland's early history. He was attorney, councillor of the Governor, conservator of the peace, and eventually a fighting captain of the Maryland militia, with the dignity of a Lord of a Manor combined. In March, 1639, Mr. Gerrard was made a con servator of the peace in St. Clement's Hun dred, St. Mary's County. In those days, the leading citizens of the community filled these responsible places. On the 2gth of October, of that year, he was given a commission to use force against certain Indians who were pillaging in the Province. November 17,